New York Gov. Kathy Hochul on Thursday said she has appointed New York Attorney General Letitia James as a special prosecutor to investigate the alleged rape case at a Cornell University frat house, noting the lack of prosecution by the Tompkins County District Attorney had “undercut” her faith in the office.
“Newly released information continues to raise serious questions about the investigation conducted by the Cornell Police Department and the decision by the Tompkins County District Attorney not to prosecute an alleged sexual assault on Cornell University's campus in October 2024,” Hochul said in statement. “This has, in turn, undercut my faith, and the public's faith, in the District Attorney’s ability to effectively investigate and prosecute the case at this time.”
Hochul said she issued an executive order appointing James, who will investigate the incident and if warranted, will prosecute any offenses.
“The young woman at the center of this case deserves to know that every fact will be examined and justice pursued,” the governor said. “This action will ensure that the matter is fully and thoroughly investigated without conflict or bias, and handled independently with the rigor that this matter demands.”
Tompkins DA Matthew Van Houten did not immediately return a request for comment Thursday night. A Cornell spokesperson said the university supports the governor’s decision to hand the case to James.
In a civil suit filed last month, Jane Doe, a student at Cornell, alleged she was gang raped by seven men at the Chi Phi fraternity house and “pressured” to take ketamine and "plied with alcohol and drugs to the point of intoxication." The student, who is suing Cornell and her alleged rapists, said university officials did not properly handle her case after she reported the assault.
Van Houten, who has come under heavy criticism for declining to press charges at the time, pointed to New York’s law in defending his decision. He said that, following the alleged rape, Doe told university police she had knowingly consumed drugs and alcohol.
“Multiple prosecutors and criminal investigators reviewed Jane Doe’s statement and correctly determined the alleged facts as set forth in the statement do not constitute a crime,” he said in a written statement. Van Houten said his office was reopening the investigation, given the new information included in Doe’s civil case.
Other prosecutors have said the current statutes tie their hands even in cases with credible witnesses and lots of evidence.
James said that was not sufficient cause to abandon the case.
“Every New Yorker deserves to know that when they report a crime, it will be investigated fully and fairly,” James said in a statement. “The Governor has entrusted my office with this investigation, and we do not take that responsibility lightly.”
Several New York lawmakers are pushing to strengthen the state’s sexual assault laws as Cornell University and a state prosecutor face a firestorm of criticism over their handling of a student’s gang rape allegations in 2024.
Walter Wuthmann contributed to this report.
