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A former Cornell University student filed a lawsuit this month alleging she was drugged and gang raped inside a fraternity house in 2024.
Fresh scrutiny on the case has prompted local prosecutors to reopen the investigation, which was initially closed without charges.
After saying she lost faith in the local district attorney’s handling of the case, New York Gov. Kathy Hochul appointed the office of Attorney General Letitia James to oversee the investigation.
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An 'incomplete account': Hochul
Gov. Hochul is speaking to media now.
“She spoke to the police. She sat for hours and told them what happened to her,” said Hochul, referring to Doe’s actions following the alleged assault.
“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 the Cornell police sent to prosecutors,” said the governor.
She added the attorney general declined to pursue charges after reviewing that “incomplete account” and “never interviewing her.”
New York Governor Kathy Hochul speaks during a news conference with New York Attorney General Letitia James, Friday, Oct. 2, 2026, in New York. (AP Photo/Yuki Iwamura)
What does the law say?
Under one section of New York law, a person is guilty of rape if they engage in sexual contact with someone who is “incapable of consent by reason of being mentally disabled or mentally incapacitated.”
Here’s the “loophole:” A person is only considered “mentally incapacitated” under the state law if they were temporarily unable to understand or control their actions due to the influence of a narcotic or intoxicating substance administered to them without their consent – or to any other act done to them without their consent.
Jane Doe willingly drank alcohol before arriving at the fraternity house, where members led her upstairs, she stated in a recent state lawsuit.
Then, after the men surrounded her and pressured her to take ketamine – a dissociative anesthetic the Drug Enforcement Administration notes has been used to facilitate sexual assault – some of them sexually assaulted her for hours, according to the lawsuit, which seeks damages against seven men allegedly involved.
Voluntary intoxication not a licence for rape: Hochul
Hochul also referenced what she called a “a gap” in state law.
“If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol,” she said. “Voluntary intoxication is not a licence for sexual assault or gang rape. Period.”
Image credit: The Associated Press
James promises thorough investigation
James said that an investigation of this kind will take time, but that “I know that you want answers. I do too.” She promised to update the public with details as they arise, and to pursue criminal prosecution if warranted.
“Every New Yorker deserves to know that when they report a crime it will be investigated fully and fairly. That they will be seen and heard.
“That is the promise of our justice system.”
New York Attorney General Letitia James speaks during a news conference with New York Governor Kathy Hochul, Friday, Oct. 2, 2026, in New York. (AP Photo/Yuki Iwamura)
People sworn to protect Doe ‘failed’ her: Hochul
“In what world does the district attorney not even interview her, or anyone else involved, or even request the full transcript?” Hochul said.
“This woman, 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.”
New York Governor Kathy Hochul speaks during a news conference, Friday, Oct. 2, 2026, in New York. (AP Photo/Yuki Iwamura)
Voluntary intoxication not a licence for rape: Hochul
Hochul also referenced what she called a “a gap” in state law.
“If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol,” she said. “Voluntary intoxication is not a licence for sexual assault or gang rape. Period.”
A ‘fresh’ review of facts
Hochul says her appointment of an independent special prosecutor will ensure “a fresh and thorough review of all the facts.”
“She’ll follow the facts, she’ll examine the evidence and go wherever it leads,” she said, speaking of James. “And if the evidence supports criminal charges, she will pursue them.”
New York Governor Kathy Hochul speaks during a news conference with New York Attorney General Letitia James, Friday, Oct. 2, 2026, in New York. (AP Photo/Yuki Iwamura)
Hochul says DA did not follow up enough
Gov. Hochul is lambasting the district attorney general’s handling of the case back in 2024.
“In what world does the district attorney not even interview her or anyone else involved, or even request the full transcript?”
New York Governor Kathy Hochul speaks during a news conference, Friday, Oct. 2, 2026, in New York. (AP Photo/Yuki Iwamura)
What are the allegations?
The complaint names more than a dozen defendants, including the seven fraternity members from 2024, Cornell University and the Chi Phi fraternity.
Allegations include negligence, breach of contract, sexual assault and battery, and violations of New York’s Human Rights Law.
Shown is the the Chi Phi fraternity house at Cornell University in Ithaca, N.Y., Thursday, Oct. 1, 2026. (AP Photo/Matt Rourke)
Doe was pressured to drink, consume drugs, says suit
The complaint says Doe was 20 and had been drinking at her sorority house and a bar before she arrived at the Chi Phi house to visit a friend, who was one of the fraternity members, on the night of Oct. 19, 2024.
According to the suit, Doe had already consumed about 10 standard drinks within the previous three hours when she arrived at the fraternity house.
The complaint alleges the friend and another fraternity member gave her more alcohol and pressured her into snorting a substance they described as ketamine, and that she was then sexually assaulted while “incapable of consent.” A third fraternity member eventually entered the room and also sexually assaulted her, the complaint alleges.
A Cornell University police car is seen parked on campus at Cornell University in Ithaca, N.Y., Thursday, Oct. 1, 2026. . (AP Photo/Matt Rourke)
The alleged text message
At roughly 1:42 a.m., one of the men allegedly sent a message to the fraternity’s Snapchat group chat – titled “Chi Phi Actives” – stating there was “free p----” upstairs.
By doing this, the suit alleges, one of the accused “encouraged other … chapter members to join in on the gang rape of plaintiff.”
A photo of a portion of the chat is included in the filing. Multiple fraternity members then entered the room, where one of the newcomers kissed her without her consent, and one of the first three men commanded her to take more ketamine and groped her, according to the complaint.
People gather outside Willard Straight Hall after a hearing on sexual assault at Cornell University in Ithaca, N.Y., Thursday, Oct. 1, 2026. (AP Photo/Matt Rourke)
Why a new prosecutor?
On Thursday, Hochul said she had signed an executive order appointing James as the special prosecutor to oversee the investigation, which had initially been closed without charges in 2024.
Doe’s allegations got a rush of new attention when she filed a civil lawsuit last month. Tompkins County District Attorney Matthew Van Houten reopened the investigation Monday, but has been battered by criticism that he'd abandoned the original investigation too quickly.
“Newly released information continues to raise serious questions about the investigation conducted by the Cornell Police Department and the decision by the Tompkins County District Attorney not to prosecute an alleged sexual assault on Cornell University’s campus in October 2024,” Hochul said.
“This has, in turn, undercut my faith, and the public’s faith, in the District Attorney’s ability to effectively investigate and prosecute the case at this time."
Hochul said the attorney general would oversee the investigation and, if warranted, present evidence to a grand jury.
“The young woman at the centre of this case deserves to know that every fact will be examined and justice pursued," Hochul said. "This action will ensure that the matter is fully and thoroughly investigated without conflict or bias, and handled independently with the rigour that this matter demands.”
New York Governor Kathy Hochul takes part in a press conference to announce action against ICE overreach in New York, Wednesday, Aug. 12, 2026. (AP Photo/Yuki Iwamura)
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Resources for sexual assault survivors in Canada
If you or someone you know is struggling with sexual assault or trauma, the following resources are available to support people in crisis:
- Call 911 if you are in immediate danger or fear for your safety.
- The Canadian Association of Sexual Assault Centres’ website has a comprehensive list of sexual assault centres in Canada that offer information, advocacy and counselling.
- The Ending Violence Association of Canada‘s website has links to helplines, support services and locations across Canada that offer sexual assault kits.
- Indian Residential School Survivors Society crisis lines: +1 866 925 4419 or +1 800 721 0066 (24/7)
- Toronto Rape Crisis Centre crisis line: +1 416 597 8808 (24/7)
- Canadian Human Trafficking Hotline: +1 833 900 1010 (24/7)
- Trans Lifeline: +1 877 330 6366
- Suicide Crisis Helpline: call or text 988 (24/7)
- Sexual Misconduct Support and Resource Centre for current and former Canadian Armed Forces members: +1 844 750 1648
- Read about your rights as a victim on the Canadian Resource Centre for Victims of Crime website.
