New York Governor Appoints Special Prosecutor in Cornell Rape Allegations Case

New York Governor Kathy Hochul has appointed the state's Attorney General, Letitia James, as a special prosecutor to investigate allegations of a sexual assault at Cornell University, stating she had "lost faith" in the Tompkins County District Attorney's handling of the case.

The decision comes nearly two years after the initial incident and following the recent filing of a civil lawsuit by the victim, identified as "Jane Doe." Doe alleges she was drugged and sexually assaulted by seven men at the Chi Phi fraternity house in October 2024. Her lawsuit also names Cornell University, fraternity and sorority organizations, and a local bar as defendants, accusing them of failing to protect her.

Tompkins County District Attorney Matthew Van Houten initially reviewed Doe's account and declined to bring criminal charges, stating that her description to campus police did not meet the state's requirements for prosecution at the time. However, Van Houten reopened the investigation late last month after the civil lawsuit brought renewed national attention to the allegations. Despite reopening the case, Hochul's office announced James's appointment as special prosecutor.

Lauren Hersh, a former prosecutor and CEO of World Without Exploitation, expressed concern over the initial lack of investigation. "When two years have passed and the DA did not investigate these cases immediately, we have a big problem on our hands," Hersh stated. She emphasized the importance of timely investigations, as evidence can disappear and memories fade.

Hersh also highlighted New York's legal challenges regarding voluntary intoxication. "New York law is actually really problematic here. It’s a place where I believe we are desperate for a legislative fix," she said, referring to a loophole that makes it difficult to prosecute cases when a victim is voluntarily intoxicated but not unconscious. Hersh suggested that under a proposed law, a victim in such a state, if not physically helpless and if their condition was apparent to a reasonable person, could lead to prosecution.

Doe's lawsuit claims she was given alcohol and ketamine at the fraternity house before the assault. The defense lawyers for some of the accused men have denied the allegations. Cornell University has stated that its disciplinary actions resulted in suspensions and expulsions for some students involved, and the Chi Phi fraternity remains barred from campus.

Hersh believes a special prosecutor is necessary to ensure a thorough investigation, which should include interviewing all individuals present at the fraternity house that night, anyone who saw Doe before or after the incident, and examining any further communications, such as text messages. "I suspect that there are" more text messages, Hersh noted, referencing one that reportedly said, "Free pussy," which she argues does not align with consensual sex.

She characterized the situation as a systemic and cultural failure, extending beyond Cornell to college campuses nationwide, where sexual assault and subsequent prosecutorial or law enforcement failures are not uncommon. Hersh advocated for improved processes to better serve survivors of sexual assault.