New York Governor Kathy Hochul has appointed state Attorney General Letitia James as a special prosecutor to investigate an alleged gang rape at Cornell University, following a review that found the local district attorney's office failed to adequately investigate the case. The case, which involved a 2024 incident, has led to calls for a legal review of New York's consent laws.
Hochul criticized the Tompkins County district attorney, Matthew Van Houten, for not interviewing the victim or requesting the full transcript of her statement, which she said omitted her assertion of sexual assault. The governor's executive order requires James to investigate the case, potentially leading to criminal charges if warranted. Cornell University has also announced an independent review of its handling of the allegations.
The case has reignited debate over New York's definition of incapacity to consent, with lawmakers considering a bill that would expand protections for victims of sexual assault when victims were voluntarily intoxicated. Hochul emphasized that voluntary intoxication should not be a defense for sexual assault, highlighting a gap in the state's current law.
The victim, a former Cornell student, filed a civil lawsuit against seven members of the Chi Phi fraternity, alleging they gang-raped her. Cornell has faced criticism for its response, with some members of the fraternity expelled but none arrested. The case has sparked national outrage and raised questions about why no criminal case was brought in 2024.