New York Governor Vows to Close Intoxication Loophole After Cornell Allegations

New York Governor Kathy Hochul vowed on October 2 to close a legal loophole allowing offenders to avoid rape charges if victims were willingly intoxicated, following an alleged gang rape at Cornell University.

Governor Hochul stated, "Voluntary intoxication is not a license for sexual assault or gang rape. Period," and pledged to work with the New York State Legislature. The University of Oregon received five sexual assault reports in the first week of classes, with four involving students and the fifth occurring near university property. Authorities arrested someone in the fifth case.

The university noted several alleged perpetrators may have taken advantage of victims' intoxication at social events. Governor Hochul appointed New York State Attorney General Letitia James as a special prosecutor to take over the Cornell investigation, citing a loss of faith in the local district attorney's ability to handle the case. Hochul signed an executive order on Thursday requiring the attorney general to investigate the alleged October 2024 assault.

The original investigation into the case was closed without charges in November 2024 by the Tompkins County district attorney. The alleged victim, identified as Jane Doe, filed a civil lawsuit last month, leading to the reopening of the criminal investigation on Monday. Jane Doe's lawsuit alleges she was drugged with ketamine, assaulted, and raped by seven members of the Chi Phi fraternity at Cornell University in October 2024.

Hochul criticized the initial investigation, stating the accuser was failed by campus police and the county prosecutor. Hochul said Jane Doe told police exactly what happened to her and was "100 percent confident that she had been raped," but these words never made it into the account that the Cornell police sent to prosecutors. The district attorney reportedly closed the case without interviewing the accuser or requesting the full transcript.

Attorney General James stated her office is committed to a comprehensive investigation, gathering evidence and interviewing witnesses, and will pursue prosecutions if warranted. James did not specify how long her investigation might take.