The governor of New York, Kathy Hochul, formalized this Friday, October 2, that Attorney General Letitia James was appointed as special prosecutor in charge of the new investigation into the reported gang rape of a woman by members of a Cornell University fraternity in 2024. The Democratic leader also questioned the authorities' handling of the complaints of the victim, who, according to Hochul, has been "defrauded" by investigators.

First modification: 02/10/2026 - 20:38

New York Attorney General Letitia James – a Democrat who has competed in court with Donald Trump – will be in charge of leading the new investigation into the case of alleged gang rape of a former Cornell University student, who blames seven members of the Chi Phi fraternity.

The complaint, dating back to 2024, has come to light again after the alleged victim filed a civil lawsuit in mid-September against the seven alleged attackers, the Chi Phi fraternity, Cornell University, a local bar and her own sorority.

In it, the woman alleges that she was induced to consume drugs and alcohol and then subjected to sexual acts by a group of seven men while she was partially or totally incapacitated. According to the complaint, one of the men sent a message through social networks to other members of the fraternity, pointing out what was happening and rudely inviting them to participate.

Since then, the spotlight has been placed on possible irregularities in the treatment of the case by the police and judicial authorities, as well as questions about the punishments adopted by the prominent university.

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This October 2, the governor of New York, Kathy Hochul, made official the appointment of James as special prosecutor in the case, after "disturbing details" became known about how the woman's complaints – identified in the files with the pseudonym Jane Doe – have been handled to date, including that the district attorney closed the case without anyone interviewing the complainant or any other person involved in the alleged assault.

The governor questioned why the Police did not file the rape complaint with the Prosecutor's Office.

For the Democratic leader, the young woman – who at the time of the event was 20 years old – "had already endured something absolutely indescribable" and, on top of that, "at every step, she was defrauded by people and institutions that had the obligation to protect her."

"In what world does the district attorney not even interview her, or anyone else involved, or even request the full transcript?" Governor Kathy Hochul questioned.

And, as has been known in recent weeks, the accuser made the decision not to press charges based on a police report, which was presented without including the young woman's statement in its entirety, particularly omitting a phrase expressed by her in mid-November 2024, in which she indicated "with complete certainty" that she had been raped.

The Democratic governor noted that the young woman "spent hours recounting exactly what had happened to her" and "was extremely clear in expressing her complete certainty that she had been raped." "Yet, surprisingly, those words were never included in the report that Cornell Police sent to prosecutors," he noted.

Read alsoThe case of 'The Cornell 7': the accusation of group rape and the pending questions

James promises "answers" in an investigation riddled with questions

Hochul justified his decision to appoint a special prosecutor because he has lost confidence in the local district attorney's ability to handle the case.

Letitia James, New York's attorney general, is considered one of President Donald Trump's judicial rivals. In 2022, he sued the then-former president and his company for financial fraud, and a New York judge ended up imposing a penalty of about $454 million on Trump, a sentence that the Republican president has appealed and described as politically motivated.

James also led a non-criminal investigation in 2021 into sexual harassment allegations against then-Governor Andrew Cuomo, which led to his resignation.

His office also handles other criminal matters and has the power, under state law, to investigate all deaths involving law enforcement in the state. However, to begin criminal investigations, you must receive a referral from a local district attorney, the governor or a state agency, or a special appointment like the one Hochul made late Thursday.

At the joint press conference this Friday, James avoided giving a deadline for his task, but clarified that it will take time and that he will not rush because every New Yorker "deserves to know that, when they report a crime, it will be investigated exhaustively and fairly, and that they will be seen and heard."

"I know you want answers. So do I. A thorough investigation of this nature takes time, but my office is committed to seeing it through to the end," insisted the prosecutor, who promised that "we will analyze the facts, collect evidence, interview witnesses and, if warranted, take criminal action."

The civil lawsuit filed by the alleged victim last month prompted Tompkins County District Attorney Matthew Van Houten to reopen the case last Monday, although in light of the new revelations – some reported by outlets such as CBS – he has come under widespread criticism for having abandoned the original investigation too soon.

Van Houten admitted public outrage and assured that there was "additional evidence" to resume the investigations, although without giving details.

He also offered a lengthy explanation for why no criminal charges were filed in 2024, claiming that the woman's affidavit – summarized in the police report – "described her participation in drug use and sexual conduct as voluntary, conscious and consensual."

A case that reopens the legal debate in New York and criticism of Cornell

And under the strict sexual assault law on which the prosecutor based his decision in 2024, it may be more difficult to file rape charges in cases where the victim voluntarily consumed alcohol or drugs.

According to this regulation, rape accusations generally require the use of force or a clear refusal to have sexual relations, unless the victim is physically defenseless due to being unconscious or mentally incapacitated due to having been drugged without consent. New York is one of 19 states that have such laws.

Following the repercussions of the case dubbed 'the Cornell Seven', several legislators have raised the need to modify the legislation, an idea supported by Governor Hochul.

"If a person is too intoxicated to give consent, it should not matter whether they decided to use drugs or alcohol. Voluntary intoxication is not a license to commit sexual assault or gang rape; period," the Democrat stressed.

State Assemblyman Jeffrey Dinowitz, who has for years advocated for legislation aimed at closing what he describes as loopholes, is sponsoring a new bill that would allow rape to be charged if the perpetrator reasonably should have known that the victim could not give consent due to intoxication.

"Rape is the only crime I'm aware of where, if the victim was drunk, they may not get justice. There should be no difference for victims of sexual assault between people who are voluntarily drunk and those who are involuntarily drunk," he said in an interview.

The case has also sent shockwaves through Cornell University, raising questions about its response and, more broadly, how sexual assault is handled on college campuses.

Cornell has defended its intervention, saying that it conducted a thorough investigation – the highlights of which were revealed by The New York Times this week – that it banned the Chi Phi fraternity from campus, and that it disciplined its members, including expulsions and sanctions.

However, in the new lawsuit, the complainant and her lawyer questioned the actions of the Ivy League educational institution, alleging that only two of the alleged attackers were expelled and that the other five were given minor punishments, including the presentation of essays to "mitigate" their behavior.

They also maintain that the woman had to abandon her studies after what happened and that the university refused to refund her tuition money.

With AP, Reuters and EFE

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