NY governor says Cornell rape accuser was 'failed' by people obligated
to protect her
[October 03, 2026]
By MICHAEL R. SISAK
NEW YORK (AP) — The woman who accused members of a Cornell University
fraternity of gang rape was “failed” by people obligated to protect her,
including campus police and the county prosecutor, New York Gov. Kathy
Hochul said Friday.
Hochul said at a news conference that she decided to appoint Attorney
General Letitia James as a special prosecutor to take over the
investigation after learning “troubling details” about how authorities
have handled the woman’s claims thus far, including that the district
attorney closed the case without having anyone interview the accuser or
anyone else involved in the alleged attack.
“In what world does the district attorney not even interview her, or
anyone else involved, or even request the full transcript?” Hochul said.
“This woman, this young woman, had already endured something that is
utterly unspeakable. And then at every turn, she was failed by people
and institutions with an obligation to protect her.”
She also assailed the Cornell University Police Department for not fully
conveying the woman’s story to prosecutors.
“After this young woman came forward, she spoke to the police. She sat
for hours and told them exactly what happened to her. And according to
new reports, she could not have been clearer that she was 100% confident
that she had been raped," the Democratic governor said. "Yet,
shockingly, those words never made it into the account that the Cornell
police sent to prosecutors.”
Governor brings in James after losing faith in the DA
Hochul said Thursday that she appointed James to oversee the case
because she had lost faith in the local district attorney’s ability to
handle it.
Tompkins County District Attorney Matthew Van Houten, who was removed
from the case, said Friday that he supports James’ appointment.
“I trust that she will examine the facts and apply the law," Van Houten
said in a statement. ”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.”
James didn't say how long her investigation might take, but suggested it
would take months.
“We will review the facts, gather evidence, interview witnesses and, if
warranted, pursue prosecutions,” James said. “I know that you want
answers. I do too. A comprehensive investigation of this nature takes
time, but my office is committed to seeing it through.”
The investigation initially was closed without charges in 2024. Van
Houten reopened the investigation on Monday after the woman filed a new
lawsuit against seven former members of the Chi Phi fraternity, as well
as Cornell and others.
Van Houten has defended his decision not to prosecute, maintaining that
a sworn statement by the woman prepared by police didn’t include the
woman's allegations that she was drugged against her will, incapacitated
beyond the ability to consent and forced into sex.
The case's impact extends beyond Cornell
The case has roiled the Ivy League school and raised questions about its
response and the larger issue of how sexual assaults are handled on
college campuses.
The woman, identified only as Jane Doe in court documents, told campus
police in November of 2024 that she was sexually assaulted, then
discussed it with the university’s internal investigators as part of
Cornell’s disciplinary process.
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New York Governor Kathy Hochul speaks during a news conference with
New York Attorney General Letitia James, Friday, Oct. 2, 2026, in
New York. (AP Photo/Yuki Iwamura)
Her lawsuit alleges that she was plied with drugs and alcohol, then
subjected to sexual acts by a group of men while she was partially
or entirely incapacitated. One of the men sent a social media
message to other fraternity members alerting them to what was
happening and inviting people to take part, according to the
lawsuit.
Lawyers for two of the men she is suing have denied they
participated in a sexual assault. One said his client didn't touch
the woman. Attempts to reach the other men or their representatives
for comment have been unsuccessful.
Hochul backs change to the state's sexual assault law
Hochul also threw her support behind proposals to change an element
of New York law that has long made it more difficult to prosecute
people who have engaged in sex with someone who voluntarily became
intoxicated to the point where their ability to consent was
compromised.
Under the law, rape charges generally need to involve force or a
clear refusal of sex, unless the victim is physically helpless due
to being unconscious, or mentally incapacitated due to being drugged
without their consent. New York is one of 19 states with such laws.
“If someone is too intoxicated to consent, it should not matter
whether they chose to use drugs or alcohol. Voluntary intoxication
is not a license for sexual assault or gang rape, period,” the
governor said.
New York governors have turned to attorneys general and special
prosecutors to oversee important cases in the past.
In 2018, then-Gov. Andrew Cuomo appointed a Long Island district
attorney to investigate Attorney General Eric Schneiderman, who
resigned after women accused him of abuse. In 2021, James appointed
two outside lawyers to conduct a non-criminal investigation into
sexual harassment allegations against then-Gov. Andrew Cuomo,
leading to his resignation.
James’ office also handles other criminal work and has the power to
investigate every death in the state involving law enforcement. But,
typically, she can’t initiate a criminal investigation without a
referral from a local district attorney, the governor or a state
agency.
James, a Democrat who took office in 2019, is perhaps best known for
suing President Donald Trump over allegations that he defrauded
banks by overstating the value of his real estate holdings on
financial statements. An appeals court overturned Trump’s fine,
which ballooned to more than $500 million, but upheld a judge’s
fraud finding.
Trump’s Justice Department, in turn, brought mortgage fraud charges
against James last year as part of the president’s retribution
campaign against political enemies, but a judge dismissed the case
and a grand jury rejected another attempt to indict her. James
denies wrongdoing.
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