New York governor assigns attorney general to reopened Cornell rape investigation

New York Governor Kathy Hochul said at a news conference in New York on Friday, October 2, 2026, that she had assigned state Attorney General Letitia James as a special prosecutor to take over the criminal investigation into a former Cornell University student's allegation that she was gang-raped at the university's Chi Phi fraternity house in October 2024. According to Al Jazeera, Hochul signed an executive order on Thursday directing the attorney general to investigate the alleged assault; the order states that Tompkins County District Attorney Matthew Van Houten declined to prosecute in November 2024 without speaking to the woman and relied at least in part on a Cornell police statement that omitted her assertion that she had been sexually assaulted. Van Houten had closed the case without charges in 2024 and has since reopened it. The woman, identified in documents as Jane Doe, filed a civil lawsuit in September 2026 accusing seven Chi Phi members of sexual assault, according to The Conversation. Hochul also called for closing what critics call New York's 'voluntary intoxication loophole' in the state's consent law.

According to Washington Post reporter Amy Wang, speaking in an interview published by Vox, the woman was 20 years old and a Cornell sophomore in October 2024. Wang said the woman went to a campus bar and then to the Chi Phi house at about 11pm on October 19, 2024, having consumed roughly 10 drinks in about three hours, and alleges a fraternity member pressured her into taking ketamine and marijuana and drinking more alcohol. Wang said the woman alleges two members assaulted her and that one later sent a Snapchat message to fraternity members inviting them to join in, which several did. Wang said that on November 7, 2024 the woman went to an emergency room and asked for a rape kit, and the following day went to Cornell University Police, where she gave a six-page statement that she signed and that was submitted to the district attorney. The Conversation reports that the lawsuit was filed in September 2026 and that the case has drawn national attention.

ABC News Australia reports that, according to investigation records obtained by the New York Times, the woman told a police officer she could say 'with 100 per cent confidence I was raped', and that this statement was left out of an official police report sent to prosecutors. Al Jazeera reports that the executive order states Van Houten declined to prosecute without speaking to Jane Doe and relied at least in part on a Cornell police statement that omitted her assertion that she had been sexually assaulted.

Van Houten has defended his original decision. ABC reports that he said the information his office saw did not contain criminal allegations. According to Al Jazeera, in a September 28 statement he said prosecutors reviewed the six-page sworn statement the woman gave Cornell police in November 2024; that the statement did not allege she had been drugged against her will and described her participation in sexual conduct as voluntary and consensual; and that multiple prosecutors and investigators concluded the facts as presented did not establish a crime under New York law. After Friday's news conference, ABC reports, Van Houten said it had become clear that his office was not provided the full picture by the university, and that the focus has been and should continue to be on victims.

Cornell has defended its handling of the case. ABC reports the university says it conducted its own thorough investigation which led to expulsions and suspensions, and that after Hochul's intervention it said it was 'committed to an independent external review of all aspects of how Cornell has handled this case'. According to Al Jazeera, Cornell says its police department gave prosecutors the evidence it had gathered, including a Snapchat screenshot, and that it is conducting an independent review. The Conversation reports Cornell said its sanctions included 'expulsions and suspensions', that a few students were asked to write essays but not as a sole consequence of their involvement, and that the Chi Phi chapter involved was closed in 2024.

Al Jazeera reports that the appointment means the attorney general's office, rather than the county district attorney, now controls the criminal investigation, and that the order states evidence will be presented to a grand jury and the case prosecuted if warranted. James confirmed the matter is an 'active criminal investigation'.

On the law, Al Jazeera reports that under current New York law a person is considered 'mentally incapacitated' when drugs or alcohol are given to them without consent, and that a bill introduced in June would extend the provision to cases in which a victim voluntarily consumed alcohol or drugs but became temporarily unable to control their conduct, if the accused knew or should have known of the victim's condition. The New York Post reports that a bill to close the loophole has passed the state Senate almost unanimously each year but has repeatedly failed to reach the Assembly floor under Speaker Carl Heastie (D-Bronx), and that the change would bring New York in line with 25 other states, such as California, Texas and Illinois, according to an Associated Press analysis. The Post also reports Hochul did not expressly say whether she supports the current bill or whether she would reconvene the legislature before it returns to Albany in January.

The Conversation, in a piece described as the analysis of an education scholar who researches undergraduate and fraternity experiences, argues that universities have not devoted enough resources to curbing hazing and sexual assault at fraternities, but that their options are limited: they can withdraw recognition, bar students from campus, remove scholarships and expel students, and can cooperate with criminal investigations, but they cannot bring criminal charges. It notes that charges were announced in August 2026 against current and former Penn State fraternity members over a criminal narcotics operation.

Where sources differ

• Hochul, as quoted by ABC News Australia, referred to the woman being assaulted 'by five men' at the fraternity house; the civil lawsuit and other outlets (Vox relaying Washington Post reporting, New York Post, Al Jazeera and The Conversation) refer to seven Chi Phi fraternity members.
• ABC News Australia says the woman's statement that she was '100 per cent' confident she was raped was left out of an official police report sent to prosecutors; Vox, relaying Washington Post reporting, describes a six-page statement she signed that was submitted to the district attorney; Al Jazeera says the district attorney reviewed a six-page sworn statement she gave Cornell police and that the executive order says he relied at least in part on a Cornell police statement that omitted her assertion.
• Sources describe the timing of Van Houten's decision to reopen the case differently: Al Jazeera says he reopened the investigation on Monday; ABC says he said earlier in the week that he would reopen it; The Conversation says he said on September 26 that he planned to discuss new evidence.
• Hochul's account, cited by Al Jazeera from the executive order, says Van Houten declined to prosecute without speaking to Jane Doe; Van Houten's own account, reported by Al Jazeera and ABC, is that prosecutors reviewed and relied on the sworn statement she gave to Cornell police.

• No source contains any statement or response from any of the accused men, the seven Chi Phi fraternity members named in the lawsuit, or their legal representatives.
• No source includes a direct statement from Jane Doe or her attorneys; her account reaches the sources through her civil lawsuit, police and investigation records reported by the New York Times and CBS News (relayed by Vox) and Hochul's executive order.
• None of the sources establishes the current status of the criminal investigation, a timeline for the attorney general's review, or the outcome of Cornell's external review.
• It is not established whether Cornell University Police or the district attorney's office disputes the characterisation that the police statement omitted the woman's assertion that she was raped.
• The New York Post says Hochul did not say whether she supports the pending bill in its current form or would reconvene the legislature before January; no source gives Assembly Speaker Carl Heastie's position on the bill, although the Post attributes its failure to reach the Assembly floor to him.
• No source establishes the number of students expelled or suspended, or the specific disciplinary outcome for each student, beyond Cornell's statement that sanctions included 'expulsions and suspensions' and that some students were asked to write essays.

1. ABC News Australia — original — by Brad Ryan
2. Vox — by Ariana Aspuru
3. New York Post — by Sofia Poznansky, Vaughn Golden
4. The Conversation — by Pietro A. Sasso, Associate Professor of Education, Old Dominion University
5. Al Jazeera English — by Catherine Nouhan

Read the original at ABC News Australia

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