Special prosecutor takes over reopened Cornell rape investigation

New York Governor Kathy Hochul appointed Letitia James as special prosecutor on October 2 to oversee a reopened investigation into allegations that a Cornell University student was drugged and sexually assaulted by several fraternity members in Ithaca. The alleged incident occurred at a Chi Phi house party on October 19, 2024, according to a civil complaint described by The Independent.³⁵

Conflicting accounts under review

Tompkins County District Attorney Matthew Van Houten had announced that his office was reopening the criminal inquiry after receiving allegations in the woman’s civil lawsuit that, he said, differed substantially from her original account. Van Houten said the November 2024 sworn statement did not allege that she had been drugged against her will or gang-raped, and instead described drug use and sexual activity as voluntary, conscious and consensual. He maintained that the evidence then available did not meet the legal threshold for charges.¹²⁴

Other reported records have brought renewed scrutiny to that decision. CBS News New York reported obtaining a transcript in which the woman told campus police on November 14, 2024: “I can say with 100% confidence I was raped.” ABC7 New York reported that this statement was omitted from the official report supplied to the district attorney. Van Houten later acknowledged, according to ABC7, that his office had relied on Cornell Police and had not conducted its own independent inquiry.³⁴⁵

Hochul said the newly disclosed information raised serious questions about both the campus-police investigation and the decision not to prosecute. Her October 2 appointment transferred oversight to James, who said she was “ready to lead a process New Yorkers can trust, guided by the facts and the law.” Van Houten had separately said that his office was considering possible criminal charges and that evidence would be presented to a grand jury once appropriate charges were identified.²⁵

The civil allegations

The woman, identified in court as Jane Doe, is suing Cornell and seven men. The September 16 complaint accuses the men of arranging and participating in a gang rape at the Chi Phi house, with assaults allegedly continuing until about 5.45am while alcohol and ketamine were involved. The claims in the lawsuit include sexual assault and battery, as well as failures of due care, contractual breaches and conduct contravening New York’s Human Rights Law. No arrests had been made when The Independent reported on the case.²³

The Guardian reported that CBS News published excerpts of messages said to have been exchanged between Doe and one defendant after the alleged assault. Her lawyer, Thomas Giuffra, confirmed that messages were exchanged but said he could not establish that the published screenshots were authentic. He said Doe was too intoxicated to consent, had experienced trauma and was attempting to understand what had occurred.¹

The Independent also reported messages among fraternity members discussing Doe’s presence at the house and later apologising for the way the night unfolded. It reported that Doe initially sent messages suggesting some sexual activity was consensual, but in November told one defendant that most of the night had not been consensual. Her police statement said she had initially agreed to sex with two Chi Phi members before other men joined, according to The Guardian.¹³

Cornell’s response

Cornell rejects the allegation that it failed to impose consequences. According to the university, an internal panel imposed penalties that included suspension and expulsion, and Cornell favoured putting the case before a grand jury. The Guardian reported that two accused men were expelled and five were eventually permitted to resume their studies after disciplinary action. Cornell has said Chi Phi was closed and barred from campus.¹²³

Doe alleges that Cornell failed to protect her and did not adequately punish the men involved. On October 2, ABC7 reported that the university had agreed to begin an independent investigation of its handling of the allegations. Students also held a public hearing to voice concerns about the university’s response. Cornell has said: “We are doing all we can to foster a culture where sexual misconduct is never tolerated.”²³⁵