Hochul appoints James special prosecutor in Cornell rape case

New York Governor Kathy Hochul appointed state Attorney General Letitia James as special prosecutor in the Cornell University rape case, signing an executive order on Thursday and announcing it at a news conference on Friday. Hochul said she lost faith in the Tompkins County district attorney's ability to oversee the investigation. James appeared alongside Hochul and called the matter an active criminal investigation led by the Office of the Attorney General.bbc.co.uk+1

The appointment matters because it removes the local prosecutor from a case that has drawn national attention since a civil lawsuit was filed in September. Jane Doe, a former Cornell student, alleges she was drugged and raped by seven men at the Chi Phi fraternity house in October 2024. No criminal charges were filed at the time. James said her office will review the facts, gather evidence, interview witnesses and, if warranted, pursue prosecutions.

What the appointment changes

Hochul said newly released information undercut her faith and the public's faith in the Tompkins County district attorney's ability to investigate and prosecute the case. She said the case exposed a gap in state law: if someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol. Hochul said she will support an existing bill to address the loophole.

James said she stands ready to lead a process guided by the facts and the law. She said her office will review the facts, gather evidence, interview witnesses and, if warranted, pursue prosecutions, adding that a comprehensive investigation takes time. Hochul said James will follow the facts, examine the evidence and go wherever it leads, and that if the evidence supports charges, she will pursue them.

The allegations date to October 2024, when a then-20-year-old student accused several young men of drugging and raping her inside a fraternity house. Cornell's Office of Civil Rights and the Office of Student Conduct and Community Standards investigated over several months, conducting more than 50 interviews with 32 people. The panel issued sanctions that included expulsions and suspensions. Two accused fraternity members were expelled, according to the woman's lawyer.

Where the numbers came from

The woman's 101-page civil complaint, filed on 14 September in New York County Supreme Court, names seven men as well as their fraternity, the university and her sorority. The men have denied wrongdoing. In interviews with campus police three weeks after the incident, she said she had 100 percent confidence she was raped. Her lawyer Thomas Giuffra said she is not doing well and is under siege on social media.

Tompkins County District Attorney Matthew Van Houten defended his office's earlier decision not to file charges, saying it was not given enough evidence to meet the legal threshold. In a statement on Friday, he said he supported James' investigation and that it had become clear his office was not provided the full picture by the university. Cornell said it provided evidence to the district attorney's office, including a Snapchat group chat.

Hochul criticised how the case was handled, saying the woman had already endured something utterly unspeakable and was then failed at every turn by people and institutions with an obligation to protect her. She questioned why Cornell police did not elevate the allegations to the district attorney and why the district attorney did not interview the woman. She said it was too early to say whether the district attorney should step down.

Hochul said she will support a bill already moving through the state legislature to close the voluntary intoxication loophole, and that it could move forward as early as the next legislative session, which reconvenes in January. She could also call lawmakers back for a special session before then. Bronx District Attorney Darcel Clark said current law does not cover scenarios where a person voluntarily becomes intoxicated and is sexually assaulted.

Newly unsealed Title IX transcripts provide further detail. A roommate said Jane Doe told one of the men he had penetrative sex with her despite her being heavily intoxicated on ketamine. During a May 2025 disciplinary hearing, Doe said she felt like bait and like lions surrounded her. Cornell said no individual charged was offered the chance to write essays as a sole consequence.

James said her office will interview witnesses and pursue prosecutions if warranted, and that the investigation will not focus on the district attorney's actions at this point. Cornell said it fully supports the appointment of a special prosecutor and is committed to an independent external review of how it handled the case. Hochul said she could call a special session before the legislature reconvenes in January.cbsnews.com