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‘I want the truth’: NY governor appoints prosecutor in Cornell rape case | Sexual Assault News

Governor Hochul Appoints Special Prosecutor for Cornell University Rape Case

Ithaca, New York — Governor Kathy Hochul has appointed New York State Attorney General Letitia James as a special prosecutor to investigate an alleged gang rape at Cornell University, citing concerns over the local prosecutor’s handling of the case. During a news conference on Friday, Hochul expressed her dissatisfaction with the response of local authorities, including the Cornell University Police and the Tompkins County District Attorney’s Office.

The alleged incident is said to have occurred in October 2024. Hochul stated that the woman who reported the assault has been let down by the very institutions tasked with her protection. “In what world does the district attorney not even interview her, or anyone else involved, or even request the full transcript?” she asked at the briefing. “I want the truth. I think every parent in this state, every New Yorker wants the truth in this case.”

On Thursday, Hochul signed an executive order mandating the attorney general to investigate the claims. Should the inquiry yield sufficient evidence, the case will be taken to a grand jury for potential prosecution. The order highlights that the district attorney declined to pursue charges in November 2024 after failing to interview the victim, referred to as Jane Doe, and relying on partial information from Cornell police that did not include her assertion of sexual assault.

The shift in investigation to the attorney general’s office represents a significant change in oversight, as the state will now control the criminal inquiry.

Prosecutors initially determined there was insufficient evidence to bring charges, having closed the case shortly after the allegations surfaced. However, District Attorney Matthew Van Houten has reopened the investigation following a civil lawsuit filed by Jane Doe against seven members of the Chi Phi fraternity, accusing them of sexual assault.

Van Houten defended the original decision, stating that a six-page sworn statement from the victim, reviewed by several prosecutors, did not substantiate claims of non-consensual drugging, suggesting her participation in the encounter was voluntary.

Hochul countered that important details from the victim’s account were not adequately communicated to prosecutors, noting that Jane Doe had informed investigators of her “100% confidence” that she was raped. Cornell has asserted that its police department supplied the facts gathered during their investigation to the district attorney’s office and indicated that it conducted its own disciplinary proceedings, resulting in sanctions, including expulsions and suspensions.

The case has also reignited discussions surrounding New York’s consent laws. Current legislation defines “mentally incapacitated” individuals as those who have been administered drugs or alcohol without consent. Proposed changes to the law, introduced earlier this year, would expand this definition to include cases where a victim becomes incapacitated from voluntarily consumed substances, should the accused be aware of their condition.

The allegations at Cornell have prompted renewed calls for legislative reforms. Governor Hochul emphasized the need to close what she described as a gap in the law, asserting that voluntary intoxication should not serve as an excuse for sexual assault. Advocates, including Lindsey Boylan, who has previously accused former Governor Andrew Cuomo of sexual harassment, urged Hochul to leverage the situation to advance significant legal changes that would better protect survivors.

As investigations proceed, both state lawmakers and advocates continue to seek clarity and accountability in response to the case, aiming to ensure justice for the victim and to address broader systemic issues within New York’s legal framework surrounding sexual assault.

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