By Joseph Ax
Oct 2 (Reuters) – New York Governor Kathy Hochul on Friday faulted police and prosecutors for failing to fully investigate an alleged gang rape in 2024 at Cornell University, saying she was “deeply disturbed” by how the incident was handled.
Hochul was speaking at a press conference alongside state Attorney General Letitia James, whom she appointed on Thursday night as a special prosecutor to investigate the allegations.
The case has drawn fresh scrutiny after the alleged victim filed a lawsuit accusing fraternity members of raping her while she was intoxicated, prompting widespread outrage over how the matter was handled in 2024.
On Monday, Tompkins County District Attorney Matthew Van Houten said he was reopening an investigation, which will now be overseen by James’ office. Van Houten has defended his office’s decision in 2024 not to pursue charges, saying that the woman’s sworn statement to police did not contain allegations that rose to the level of a crime under state law.
New York law makes it more difficult to prosecute sexual assault cases in which the victim voluntarily became intoxicated, according to experts and advocates.
Some news outlets have reported in recent days that the woman told police unequivocally that she was raped, but that investigators did not include that claim in the sworn statement that was provided to prosecutors.
Hochul criticized Cornell police for that omission, while also questioning why Van Houten’s office did not interview the woman directly or review the full transcript of her police interview.
“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,” Hochul said.
In a statement after the press conference, Van Houten said he supported James’ appointment and would cooperate with her investigation.
“It has become clear that we were not provided the full picture by the University,” he added. “The focus has been and should continue to be on the victims.”
A Cornell spokesperson said the school supports James’ appointment and is “committed to an independent external review of all aspects of how Cornell has handled this case” but did not address Hochul’s specific criticisms.
In an interview with CNN, the woman’s lawyer, Thomas Giuffra, endorsed Hochul’s decision to appoint James, saying he had little faith in local prosecutors’ handling of the case.
Hochul also said she would work with the state legislature to update the state’s sexual assault laws and eliminate the current distinction between victims who voluntarily consumed intoxicants and those given substances without their consent.
Several lawmakers have already renewed calls to pass legislation addressing what they described as a loophole in the law.
“If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol,” Hochul said.
(Reporting by Joseph Ax; editing by Paul Thomasch and Nick Zieminski)
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