New York AG Letitia James Criticized for Handling of Cornell Rape Case

New York Attorney General Letitia James has been appointed by Governor Kathy Hochul to investigate complex sexual assault allegations at Cornell University, a move that has drawn criticism from legal commentators who suggest the decision prioritizes politics over due process. The case involves seven Cornell students accused of raping a fellow student.

Detractors, including law professor Jonathan Turley, argue that James is not the appropriate figure to impartially investigate the allegations. Turley, in an opinion piece, compared the current situation to the Duke University lacrosse team case from two decades ago, where initial accusations led to widespread public condemnation before facts emerged that contradicted the narrative. In that instance, the accuser eventually admitted to lying, and the prosecutor was disbarred.

Rep. Alexandria Ocasio-Cortez has been among those who have publicly declared the guilt of the Cornell students, stating that a "culture of rape, sexual assault, and pedophilia is protected in elite institutions across the United States." However, at the time of these public pronouncements, no witnesses had testified under oath, and no criminal charges had been filed.

The allegations stem from a 101-page civil complaint filed by a student identified as Doe. According to the complaint, the alleged incident occurred on the night of October 19, 2024, after Doe admits to drinking heavily at a sorority house and bars, and subsequently going to the Chi Phi fraternity house. She claims she was drugged and gang-raped there. The complaint includes Snapchat messages from fraternity members indicating sexual activity with a woman, with one message asking, "Shop still open?"

However, the case also contains countervailing statements and accounts. Doe reportedly made statements suggesting consensual sex with some individuals. Friends recalled her laughing about the incident afterwards, though some also noted she may have been traumatized and not fully processed the event. She also reportedly told one of the accused students that "non(e) of the sexual stuff was illegal" and expressed a desire to visit again without the presence of additional individuals or drugs.

On October 22, Doe sought medical attention at Cornell Health, where she was diagnosed with a urinary tract infection and tested positive for sexually transmitted diseases. She later sought a rape kit test on November 7, which was reportedly of limited utility due to the time elapsed. The alleged rape was reported to the Cornell University Police Department on November 8, leading to the suspension of the Chi Phi fraternity chapter and the seven named students.

Legal complexities in the case include Doe's admission of heavy alcohol consumption and drug use. While incapacity due to intoxication can prevent legal consent, New York law, like that in about 20 other states, includes an exception if the intoxication was voluntary and the individual was not unknowingly drugged. Doe's own statements about her memory being "super clouded" and her condition at the time raise questions about her ability to give knowing consent, but also her assertion that "I can say with 100% confidence I was raped."

Critics of Governor Hochul's decision to appoint Attorney General James point to James's past actions. Turley characterizes James as a highly political prosecutor, referencing her pledge to prosecute Donald Trump during her election campaign and accusations from former staffers that she used her office to target political opponents. This history, they argue, makes her appointment in the Cornell case a potential conflict with the need for impartial investigation. The appointment, in this view, maximizes the likelihood of criminal charges, irrespective of the full factual and legal considerations.