Hochul slams Cornell police, DA over 'deeply flawed' rape investigation - USA Today

Sharply criticizing a county district attorney's office, New York Gov. Kathy Hochul on Oct. 2 lambasted the original investigation conducted by Cornell University police following a student's 2024 allegation of being gang raped at a fraternity house, calling it "deeply flawed."

Speaking alongside New York Attorney General Letitia James – appointed by Hochul a day earlier to take charge of the investigation into the allegations – the governor also said she supported closing "a loophole" in New York law that can make it difficult for victims to seek justice if they consumed alcohol or drugs before a sexual assault.

"What we learned yesterday raised even more troubling questions about what was done and not done after this young woman came forward," Hochul told reporters. "According to new reports, she could not have been clearer that she was 100% confident that she had been raped."

The governor's comments came on the heels of state prosecutors reopening an investigation into the alleged October 2024 rape at Cornell's Chi Phi fraternity house and after a civil lawsuit recently filed by the accuser sparked widespread outrage about the case.

As of Oct. 2, no suspects had been criminally charged.

Tompkins County District Attorney Matthew Van Houten announced on Sept. 28 his office would present the case against about a half-dozen suspects to a grand jury for a possible indictment. Van Houten said charges were not filed when the woman first gave a statement to university police in 2024 because she did not allege at the time that she was drugged or assaulted.

"When the Tompkins County district attorney announced that he was reopening the case, he pointed to Jane Doe’s statement that said it did not establish that a crime had occurred,” Hochul said Oct. 2. “But new reporting raises serious questions about the information his office relied upon when it made that decision.”

"She spoke to the police. She sat for hours and told them exactly what happened to her," Hochul said. "Yet shockingly, those words never made it into the account that the Cornell police sent to prosecutors."

The local district attorney then declined to pursue charges after reviewing what Hochul called "an incomplete account" and never interviewing her.

"I'm deeply disturbed at Cornell University's police at how they handled this. Them sending a partial record over is, in my judgement, a failure," Hochul said. "No public official gets to look the other way when the system breaks down."

When reached by USA TODAY for comment, Van Houten released the following statement: "I support the appointment of Attorney General James and I trust that she will examine the facts and apply the law. It has become clear that we were not provided the full picture by the University. The focus has been and should continue to be on the victims. My office will cooperate fully with the Attorney General."

“We fully support the appointment of a special prosecutor and efforts to change New York State’s rape law and are committed to an independent external review of all aspects of how Cornell has handled this case,” a university spokesperson said in a statement to USA TODAY.

USA TODAY has also reached out to Cornell police for comment.

The governor said the case has also exposed a gap in New York's current sexual assault laws.

Known as the "voluntary intoxication exclusion," the legal nuance distinguishes between victims who were forced to become intoxicated and those who chose to drink or take drugs.

"If someone is too intoxicated to consent, it should not matter if they used drugs or alcohol," Hochul said. "I support closing this loophole and will work with the New York State legislator to accomplish this."

James, the state’s top lawyer known for investigating President Donald Trump, said every New Yorker deserves to know that when they report a crime that it will be investigated "fully and fairly" and be "seen and heard."

“I know that you want answers. I do too," James said. " This is now an active, criminal investigation ... though we are limited in what we can share, we will provide updates as they become available.”

Natalie Neysa Alund is a senior reporter for USA TODAY. Reach her at nalund@usatoday.com and follow her on Twitter @nataliealund.