New York Governor Kathy Hochul has appointed Attorney General Letitia James as special prosecutor in an alleged sexual assault case involving a former Cornell University student.
Ms James will investigate the allegations and, if warranted, prosecute any offences arising from the inquiry and present evidence to a grand jury. Ms Hochul signed an executive order formalising the appointment on Thursday.
The decision follows concerns about the handling of the case by Cornell police and the Tompkins County district attorney’s office, which initially said there was insufficient evidence to bring criminal charges.
Speaking on Friday, Ms Hochul said newly released information raised “serious questions” about the material relied upon when the decision not to prosecute was made.
“According to new reports, she could not have been clearer that she was 100 per cent confident that she had been raped. Yet, shockingly, those words never made it into the account that Cornell police sent to prosecutors,” she said.
Ms Hochul questioned why the allegations had not been referred to the district attorney and why the alleged victim, or others involved, had not been interviewed by prosecutors or the full transcript requested.
“No institution gets to protect its reputation at the expense of a young person seeking justice,” the governor said. “No public official gets to look the other way when the system breaks down and fails our young people. And as governor I will not allow anyone to sweep this case under the rug.”
The former student alleges she was drugged and raped by multiple men at the Chi Phi fraternity house on Cornell’s campus in October 2024. Her lawyer has said that, following an internal university investigation, two of the men were expelled while others received lesser sanctions, including suspensions, workshops or essays.
Cornell said its sanctions included expulsions and suspensions, adding: “None of the individuals charged were offered the opportunity to write essays as a sole consequence of their involvement.”
The student has since filed a lawsuit against Cornell and seven men, alleging they failed to protect her and prevent the alleged assault. Lawyers for two of the accused have denied the allegations, while a lawyer for a third man has publicly denied another client’s wrongdoing.
The Tompkins County district attorney’s office later announced that it was reopening the case. Ms Hochul had also called for outside counsel to review Cornell’s response to the allegations, and the university agreed to that investigation.
Ms James said her office would conduct an investigation guided by the facts and the law.
“Every New Yorker deserves to know that when they report a crime, it will be investigated fully and fairly,” she said. “The Governor has entrusted my office with this investigation, and we do not take that responsibility lightly.”
Ms Hochul said the case had exposed a gap in state law concerning consent and intoxication. She said she would work with lawmakers to address the issue, arguing that it should not matter whether a person’s intoxication resulted from voluntarily taking drugs or alcohol if they were too intoxicated to consent.
