Cornell 7: Governor vows to change N.Y. rape law that makes reporting hard when intoxication present

State takes over probe from Tompkins County, where Ivy League school is located

N.Y. AG pledges 'comprehensive' investigation of Cornell gang rape allegations

New York Gov. Kathy Hochul says she intends to "close the loophole" in her state's law that currently makes it difficult for sexual assault survivors to claim they were mentally incapacitated during an assault if they were voluntarily intoxicated.

Hochul and the state attorney general spoke with reporters Friday morning about the criminal investigation into a woman's allegations that she was gang raped at a Cornell University fraternity house.

"Voluntary intoxication is not a licence for sexual assault or gang rape. Period," Hochul said.

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"If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol."

Hochul announced Thursday she appointed the office of Attorney General Letitia James as the special prosecutor to oversee the investigation, saying she had lost faith in the local district attorney's ability to handle the case.

The attorney general will oversee the investigation and, if warranted, present evidence to a grand jury.

"What we learned yesterday raised even more troubling questions," Hochul said on Friday.

"According to news reports, she [Jane Doe] could not have been clearer that she was 100 per cent confident that she had been raped," Hochul added. "Shockingly, those words didn't make it into the account that police sent to prosecutors."

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The investigation had initially been closed without charges in 2024.

Last month, the woman filed a lawsuit and Tompkins County district attorney Matthew Van Houten reopened the investigation. He has since been bombarded by criticism that he abandoned the original investigation too quickly.

"In what world would police learn from a victim that she had been literally gang raped... and not elevate that to the district attorney?" Hochul said. "In what world does the district attorney not even interview her or anyone else involved or request the full transcript?"

Messages left for Van Houten were not immediately returned late on Thursday.

Hochul reiterated concerns that the survivor didn't get the support she deserved when she first reported her allegations.

"At every turn, she was failed by people and institutions with an obligation to protect her," Hochul said.

The case has roiled the Ivy League campus and raised questions about its response and the larger issue of how sexual assaults are handled on college campuses. Specifically, new reporting throws Cornell's Title IX investigation into the spotlight.

In the U.S., Title IX is a civil rights law meant to address complaints of sex-based discrimination, harassment and/or sexual violence at educational institutions that receive federal funding.

CBS News New York obtained transcripts from Cornell's Title IX investigation, which include interviews with Jane Doe, six of the seven accused men, as well as 20 witnesses.

Doe's roommate reportedly said she heard Doe tell one of the accused, "You had penetrative sex with me. I had so much ketamine, my eyes were crossed, and you still had sex with me."

Meanwhile, Doe said she neither consented nor showed "excitement and enthusiasm, which is kinda the basis of consent."

According to CBS News, the men gave their accounts, too. One said he was only in the room for five minutes and didn't see her naked, while another said she consented to him taking ketamine from her body.

For its part, Cornell University has said it can't share information about its Title IX investigation, citing privacy concerns.

When asked on Friday about Cornell's decision not to share its Title IX investigation, Hochul called the law "deeply flawed."

Students express anger, frustration, grief on campus

Over more than two hours on Thursday, students and other members of the Cornell community expressed anger, frustration and grief over the school's handling of sexual assault allegations in general, with several speakers sharing their own experiences of sexual violence.

Many criticized Cornell president Michael I. Kotlikoff and the university's administration, calling for greater transparency and accountability in the handling of the case, stronger sexual assault prevention efforts and changes to fraternity life.

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The woman told campus police in November 2024 that she was assaulted, then discussed it with the university's internal investigators as part of Cornell's disciplinary process.

The lawsuit against seven fraternity brothers, the university, the Chi Phi fraternity and others alleges that she was plied with drugs and alcohol, then subjected to sex 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 hadn't touched the woman. Attempts by The Associated Press to reach the other men or their representatives have been unsuccessful.

Anya Zoledziowski is a Peabody-winning multimedia journalist from Edmonton who's covered social and climate justice, Indigenous affairs, gender, politics and more, and has been recognized by several national and international awards. She’s currently pursuing her PhD in journalism studies.

With files from The Associated Press