Sunny Hostin Backs DA's Decision Not to Charge Cornell Frat Brothers
The View co-host argues accuser's statement shows consent under New York law.
Sunny Hostin, a co-host on "The View" and a former federal prosecutor, has voiced support for a 2024 decision by the Tompkins County District Attorney not to bring charges against seven Cornell University fraternity brothers accused of gang rape. Hostin stated on Tuesday that, based on the accuser's initial statement to campus police, there was "no way" District Attorney Matthew Van Houten could have pursued charges.
Hostin cited New York law, explaining that "voluntary intoxication or drug use that merely impairs judgment does not legally constitute an inability to consent to sexual activity." She noted that the accuser's statement detailed engaging in sexual activity with multiple fraternity brothers while under the influence of alcohol and ketamine, including participating in threesomes, and never claimed the encounters were non-consensual.
"If the law were different in New York, it would be a different case," Hostin said, adding that according to the accuser's own account, she consented to sexual encounters. She pointed out that the accuser found one of the individuals attractive and agreed to a threesome early in the evening.
Van Houten released excerpts of the accuser's 2024 police report to justify his initial decision. The report described a night of consensual sexual activity, despite the accuser stating she was heavily inebriated. She reportedly consented to sexual encounters with various fraternity brothers and also agreed to the consumption of drinks and drugs.
Despite Van Houten's justification for not filing charges, the accuser has since filed a 101-page lawsuit against seven members of the Chi Phi fraternity, alleging rape and participation in the assault. The lawsuit includes text messages between the fraternity brothers that reportedly discuss the presence of a woman in a bedroom.
The accuser, who was 20 at the time of the alleged incident, reported the event to Cornell campus police a week later. The case was then presented to the DA, who declined to prosecute. The lawsuit claims that Cornell University offered some of the accused the option to submit essays to mitigate their conduct, a claim the university has disputed, stating some brothers were expelled.
During "The View" discussion, co-hosts questioned why the accuser would have reported the incident if she did not believe criminal activity occurred, given her state of intoxication.
Van Houten has since reopened the investigation into the case, stating his office is reviewing the allegations presented in the civil suit for potential charges.