New York Governor Kathy Hochul has pledged to address a legal loophole in the state that complicates sexual assault survivors’ ability to claim they were mentally incapacitated during an assault if they were voluntarily intoxicated. Hochul, alongside the state attorney general, addressed reporters on Friday regarding a criminal investigation into a woman’s allegations of gang rape at a Cornell University fraternity house.
Hochul emphasized that voluntary intoxication should not be an excuse for sexual assault or gang rape. She stated that if someone is too intoxicated to consent, it should not matter whether they consumed drugs or alcohol. Hochul appointed the office of Attorney General Letitia James as the special prosecutor to supervise the investigation, citing a lack of confidence in the local district attorney’s handling of the case.
The attorney general will lead the investigation and potentially present evidence to a grand jury. Hochul expressed concerns about the handling of the case, pointing out discrepancies in the accounts provided to prosecutors. The investigation had previously been closed without charges in 2024, but was reopened after the woman filed a lawsuit, prompting criticism of the district attorney’s actions.
Hochul highlighted the lack of support the survivor received when initially reporting the assault two years ago, criticizing the failure of individuals and institutions to protect her. The case has stirred controversy on the Ivy League campus, sparking discussions on the handling of sexual assaults at universities. Students and members of the Cornell community voiced anger and frustration over the school’s response to sexual assault allegations, calling for transparency, accountability, and reforms in addressing sexual violence.
The woman, identified as Jane Doe in court documents, reported to campus police in November 2024 that she was assaulted while participating in Cornell’s disciplinary process. The lawsuit against fraternity members and others alleges that she was given drugs and alcohol, leading to sexual acts while she was incapacitated. Denials have been made by lawyers representing some of the accused fraternity brothers, with attempts to reach the others remaining unsuccessful.
