New York Governor Kathy Hochul stated that the woman at the center of the Cornell University rape case was "failed" at "every turn." The woman, referred to as Jane Doe in legal documents, alleges she was drugged and raped by several men at a fraternity house in 2024. Although the case was investigated at the time, no charges were filed. It has recently reopened following a civil lawsuit filed by the woman last month, which brought the allegations into the national spotlight.
During a news conference on Friday, Hochul expressed her disturbance regarding the investigation's handling and appointed New York Attorney General Letitia James to lead the case after losing faith in the local prosecutor's ability to manage it. Hochul criticized local prosecutors for not interviewing the accuser directly, stating, "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 also announced her intention to close a "loophole" that prevents prosecutors from pursuing rape charges when the 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. "If someone is too intoxicated to consent it should not matter if they chose to use drugs or alcohol," Hochul remarked, emphasizing that voluntary intoxication does not justify gang rape.
James, who is the state's chief legal officer, joined Hochul at the news conference, promising to conduct an investigation guided by facts and law. She indicated that her office would interview witnesses and pursue prosecutions if warranted.
District Attorney Matthew Van Houten, who previously led the investigation, defended his office's decision not to file charges, stating that they did not have sufficient evidence to meet the legal threshold. He noted that much of the recent information about the case was not communicated to his office.
In a statement, Van Houten expressed support for James' investigation, acknowledging that his office was not provided with the complete picture by the university. Cornell University stated that it had provided evidence from its own investigation, including a Snapchat group chat in which fraternity members discussed a "free" sexual encounter with Doe on the night of the alleged assault.
Jane Doe filed a civil lawsuit against Cornell University in September. Her lawyer, Thomas Giuffra, reported that she is "not doing well" and facing harassment on social media as people attempt to identify her.
Survivor and victim advocates argue that current state law complicates the ability to bring charges against perpetrators if the victim voluntarily consumed drugs or alcohol prior to the alleged assault. A bill addressing this legal loophole was already before the state legislature before recent public outcry regarding the handling of the Cornell rape allegations.
State Assemblyman Jeffrey Dinowitz, who first sponsored legislation to close the loophole in 2019, stated, "The real bottom line is that right now if you are voluntarily intoxicated, you will not get justice." He noted that around half of U.S. states have amended their laws to clarify that intoxication, whether voluntary or involuntary, should not affect the prosecution of rape cases.
Hochul expressed her support for the existing bill, indicating it could advance as early as the next legislative session in January. She also mentioned the possibility of calling lawmakers back for a special session before then.