New York Governor Kathy Hochul declared on Friday that the woman at the center of the Cornell University rape case was "failed" at "every turn" by officials. Expressing her profound disturbance over the investigation's handling, Governor Hochul announced the appointment of New York Attorney General Letitia James to lead the high-profile inquiry.
The woman, identified as Jane Doe in legal documents, alleges she was drugged and raped by multiple men at a fraternity house in 2024. Although the case was investigated at the time, no charges were filed. It recently gained national attention and was reopened after Jane Doe filed a civil lawsuit against the Ivy League university last month.
Governor Hochul stated she had "lost faith" in the local prosecutor's capacity to oversee the investigation, citing outrage that local prosecutors did not personally interview the accuser. "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," Hochul said during a news conference.
In addition to appointing a special prosecutor, Governor Hochul pledged to address a "loophole" in state law that currently hinders prosecutors from pursuing rape charges when a victim has voluntarily consumed drugs or alcohol. Jane Doe is believed to have voluntarily taken drugs and alcohol on the night of the alleged gang rape. Hochul emphasized, "If someone is too intoxicated to consent it should not matter if they chose to use drugs or alcohol," adding, "Voluntary intoxication is not a licence for gang rape."
New York Attorney General Letitia James, the state's chief legal officer, appeared alongside Governor Hochul and committed her office to "lead a process guided by the facts and the law." James indicated her office would conduct interviews with witnesses and pursue prosecutions if the evidence warranted such action.
District Attorney Matthew Van Houten, who previously led the initial investigation, defended his office's decision not to file charges, asserting that they had not been provided with sufficient evidence to meet the legal threshold. Van Houten claimed that much of the information recently released about the case was not passed to his office. However, Cornell University stated it had provided evidence from its own investigation to the district attorney's office, including a Snapchat group chat where fraternity members allegedly discussed a "free" sexual encounter with Doe on the night of the alleged assault.
Jane Doe's lawyer, Thomas Giuffra, told CNN on Friday that his client is "not doing well." He added, "She's under siege on social media, where people are trying to identify her; some false court postings, attempting to identify her."
Survivor and victim advocates contend that the current state law on sexual assault creates significant challenges for bringing charges against perpetrators if the victim voluntarily consumed drugs or alcohol before the alleged assault. Bronx District Attorney Darcel Clark, according to CBS, explained the issue: "If a person goes out with friends and voluntarily consumes alcohol or drugs and becomes intoxicated so they're unable to say no and they're sexually assaulted, that scenario is not covered by the current law."
A bill aimed at closing this legal loophole was already progressing through the state legislature prior to the public outcry this week regarding the handling of the Cornell rape allegations. Governor Hochul confirmed her support for the existing bill, indicating it could advance as early as the next legislative session in January, or she might call lawmakers back for a special session sooner.
'Ashamed': Cornell students gather to voice anger over alleged gang rape
