Governor criticizes ‘gap in state law’ on voluntary intoxication
Hochul, a Democrat, briefed reporters Friday morning at a New York City press conference alongside James, the state’s attorney general. She said she would “ensure” that all the facts of the alleged gang-rape at a Cornell University fraternity “are brought into light.”
“I’m deeply disturbed at Cornell University’s police and how they handled this,” Hochul said of the Ivy League university in Ithaca in upstate New York.
Hochul late on Thursday announced that James was taking over the entire case as special prosecutor. Speaking on Friday alongside James, Hochul framed the move as necessary after she “lost faith” in the district attorney’s ability to oversee the case after he decided not to prosecute the case in 2024, among other reasons.
“I will not allow anyone to sweep this case under the rug,” Hochul said.
James said her office would run the investigation and, if warranted, present evidence to a grand jury in a process that could lead to the pressing of criminal charges. She did not specify a timeline.
“Every New Yorker deserves to know that when they report a crime, they will be investigated fully and fairly. That they will be seen and heard,” James said. “I stand ready to lead a process guided by the facts and the law.”
The governor also sharply criticized the investigation that began in 2024 after the woman went to police. “In what world would the police learn from a victim that she’d been literally gang-raped while intoxicated by five men in a fraternity house, and not elevate those allegations to the district attorney,” Hochul said, of the alleged assaults.
Hochul also criticized what she called “a gap in state law” relating to claiming a sexual crime was committed when the alleged victim was voluntarily intoxicated.
“If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol,” Hochul said. “Voluntary intoxication is not a license for sexual assault or gang-rape. Period.”
A former Cornell University student, who identifies by the pseudonym Jane Doe, filed a civil lawsuit in September alleging she was gang-raped at a fraternity in 2024, when she was 20. The lawsuit alleges she was drugged and repeatedly raped over the course of seven hours.
Thomas Giuffra, a lawyer for Jane Doe, said on Friday that his client was “not doing well” amid the public uproar over the case.
The Guardian reported that the case “has sparked national outrage, roiled the campus and raised questions about why no criminal case was brought.”
Information and support for anyone affected by rape or sexual abuse issues is available from the following organizations. In the US, Rainn offers support on 800-656-4673. In the UK, Rape Crisis offers support on 0808 500 2222. In Australia, support is available at 1800Respect (1800 737 732). Other international helplines can be found at ibiblio.org/rcip/internl.html.