New York Gov. Kathy Hochul has publicly condemned the handling of a sexual assault case at Cornell University, calling it an "utter failure" and appointing Attorney General Letitia James as a special prosecutor. The accusations involve Cornell fraternity members who reportedly shared a photo of the alleged victim in Snapchat messages.
CNN reported that the photo of the woman was shared in a group chat titled “Chi Phi Actives” shortly after the alleged assault in 2024. The messages, which are automatically deleted on Snapchat, suggested that more images or videos might have been exchanged. A limited screenshot of the chat, shared in a lawsuit filed last month by the woman's attorney, included a message from one of the accused men stating, “free pussy” upstairs.
The woman filed a report with campus police weeks after the alleged incident. However, Tompkins County District Attorney Matthew Van Houten stated that the information he received did not allege rape, describing the encounter as consensual. This account conflicts with reporting by CBS News, which cited a transcript in which the woman told police, “I can say with 100% confidence I was raped.”
"In what world would the police learn from a victim that she had literally been gang raped by five men in a fraternity house and not elevate those allegations to the district attorney?" Hochul asked reporters Friday. The woman has accused seven men of assaulting her. "In what world would the district attorney not even interview her or anyone else involved, or even request the full transcript?" Hochul added. "This woman, this young woman, had already endured something that is utterly unspeakable and at every turn she was failed by people and institutions with an obligation to protect her."
The governor expressed deep concern that campus police may have provided Van Houten with an incomplete record that did not explicitly mention rape. She declined to draw conclusions or call for Van Houten’s resignation until she has the full details of the case.
Hochul also announced her intention to address a perceived loophole in state law. Current law considers a person unable to consent to sexual activity only if they were under the influence of a substance administered without their consent. "If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol. Voluntary intoxication is not a license for sexual assault or gang rape. Period," Hochul stated.
James, speaking alongside the governor, confirmed that the case is an "active criminal investigation" and promised updates as they become available.
The Chi Phi fraternity house at Cornell University in Ithaca, N.Y., is pictured on Thursday, Oct. 1, 2026. (AP Photo/Matt Rourke)