NY governor says Cornell rape accuser was 'failed' by people obligated to protect her

NEW YORK (AP) — The woman who accused members of a Cornell University fraternity of gang rape was “failed” by people obligated to protect her, including campus police and the county prosecutor, New York Gov. Kathy Hochul said Friday.

Hochul said at a news conference that she decided to appoint Attorney General Letitia James as a special prosecutor to take over the investigation after learning “troubling details” about how authorities have handled the woman’s claims thus far, including that the district attorney closed the case without having anyone interview the accuser or anyone else involved in the alleged attack.

“In what world does the district attorney not even interview her, or anyone else involved, or even request the full transcript?” Hochul said. “This woman, this young woman, had already endured something that is utterly unspeakable. And then at every turn, she was failed by people and institutions with an obligation to protect her.”

She also assailed the Cornell University Police Department for not fully conveying the woman’s story to prosecutors.

“After this young woman came forward, she spoke to the police. She sat for hours and told them exactly what happened to her. And according to new reports, she could not have been clearer that she was 100% confident that she had been raped," the Democratic governor said. "Yet, shockingly, those words never made it into the account that the Cornell police sent to prosecutors.”

Governor brings in James after losing faith in the DA

Hochul said Thursday that she appointed James to oversee the case because she had lost faith in the local district attorney’s ability to handle it.

Tompkins County District Attorney Matthew Van Houten, who was removed from the case, said Friday that he supports James’ appointment.

“I trust that she will examine the facts and apply the law," Van Houten said in a statement. ”It has become clear that we were not provided the full picture by the University. The focus has been and should continue to be on the victims.”

James didn't say how long her investigation might take, but suggested it would take months.

“We will review the facts, gather evidence, interview witnesses and, if warranted, pursue prosecutions,” James said. “I know that you want answers. I do too. A comprehensive investigation of this nature takes time, but my office is committed to seeing it through.”

The investigation initially was closed without charges in 2024. Van Houten reopened the investigation on Monday after the woman filed a new lawsuit against seven former members of the Chi Phi fraternity, as well as Cornell and others.

Van Houten has defended his decision not to prosecute, maintaining that a sworn statement by the woman prepared by police didn’t include the woman's allegations that she was drugged against her will, incapacitated beyond the ability to consent and forced into sex.

The case's impact extends beyond Cornell

The case has roiled the Ivy League school and raised questions about its response and the larger issue of how sexual assaults are handled on college campuses.

The woman, identified only as Jane Doe in court documents, told campus police in November of 2024 that she was sexually assaulted, then discussed it with the university’s internal investigators as part of Cornell’s disciplinary process.

Her lawsuit alleges that she was plied with drugs and alcohol, then subjected to sexual acts by a group of men while she was partially or entirely incapacitated. One of the men sent a social media message to other fraternity members alerting them to what was happening and inviting people to take part, according to the lawsuit.

Lawyers for two of the men she is suing have denied they participated in a sexual assault. One said his client didn't touch the woman. Attempts to reach the other men or their representatives for comment have been unsuccessful.

Hochul backs change to the state's sexual assault law

Hochul also threw her support behind proposals to change an element of New York law that has long made it more difficult to prosecute people who have engaged in sex with someone who voluntarily became intoxicated to the point where their ability to consent was compromised.

Under the law, rape charges generally need to involve force or a clear refusal of sex, unless the victim is physically helpless due to being unconscious, or mentally incapacitated due to being drugged without their consent. New York is one of 19 states with such laws.

“If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol. Voluntary intoxication is not a license for sexual assault or gang rape, period,” the governor said.

New York governors have turned to attorneys general and special prosecutors to oversee important cases in the past.

In 2018, then-Gov. Andrew Cuomo appointed a Long Island district attorney to investigate Attorney General Eric Schneiderman, who resigned after women accused him of abuse. In 2021, James appointed two outside lawyers to conduct a non-criminal investigation into sexual harassment allegations against then-Gov. Andrew Cuomo, leading to his resignation.

James’ office also handles other criminal work and has the power to investigate every death in the state involving law enforcement. But, typically, she can’t initiate a criminal investigation without a referral from a local district attorney, the governor or a state agency.

James, a Democrat who took office in 2019, is perhaps best known for suing President Donald Trump over allegations that he defrauded banks by overstating the value of his real estate holdings on financial statements. An appeals court overturned Trump’s fine, which ballooned to more than $500 million, but upheld a judge’s fraud finding.

Trump’s Justice Department, in turn, brought mortgage fraud charges against James last year as part of the president’s retribution campaign against political enemies, but a judge dismissed the case and a grand jury rejected another attempt to indict her. James denies wrongdoing.

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This story was updated to correct the spelling of Letitia James' name.

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