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NY Gov. Hochul appoints AG Letitia James to investigate Cornell sexual assault case; critics cite bias
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New York Governor Kathy Hochul has appointed Attorney General Letitia James to oversee a new investigation into Cornell University's handling of a 2024 sexual misconduct allegation. The case involves a lawsuit by an alleged victim, Jane Doe, who accuses seven fraternity brothers of gang rape at the Chi Phi fraternity house. James publicly referred to Doe as a 'survivor' and stated 'We stand with you,' which critics argue shows bias and undermines her role as an impartial investigator. The accused fraternity brothers deny the allegations, with four claiming the sex was consensual. Hochul defended James and criticized the district attorney who declined to file charges. Hochul also called for closing what she described as an intoxication 'loophole' in New York law, though the article notes that the law already protects intoxicated persons from non-consensual sex. The article from Reason Magazine expresses doubt that James will give the accused a fair shake.
Source report
New York Gov. Kathy Hochul, a Democrat, has appointed Attorney General Letitia James to oversee a new investigation into Cornell University's handling of a 2024 sexual misconduct allegation. The matter is the subject of a lawsuit filed by the alleged victim, identified as Jane Doe, whose accusation of gang rape at the Chi Phi fraternity house in October 2024 has drawn significant media coverage this week.
James' Public Statement
Numerous commentators have weighed in on the case, including James:
"What this young woman has been forced to endure is horrific and unacceptable. I'm holding her in my heart and in my prayers. To her, and to all survivors: you're not alone. We stand with you."
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— NY AG James (@NewYorkStateAG) September 28, 2026
James referred to Doe as a "survivor" and stated she stands with her. Critics argue this is more than a statement of support—it raises concerns about impartiality, given that Hochul has tasked James with discovering the truth regardless of which account it supports. A truly independent investigator, they contend, should remain open to the possibility that Doe's description of events in her lawsuit is inaccurate, particularly as her initial police statement and text messages from the time paint a different picture.
Press Conference Response
When asked about evidence of partiality at a press conference on Friday, James declined to comment. Hochul reaffirmed her support of James, criticizing Matthew Van Houten—the district attorney who declined to file charges two years ago—along with Cornell University police and the school's administration for not doing more.
Hochul's Comments on Intoxication and Consent
Hochul also addressed what she described as an intoxication "loophole," expressing her mistaken belief that the law fails to protect intoxicated persons from rape. Under New York law, an individual's state of intoxication does not automatically render them incapable of giving consent unless they were forced to take drugs or alcohol, or they lose consciousness from the substances. Hochul considers this deficient.
"If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol," she said at the press conference. "Voluntary intoxication is not a license for sexual assault or gang rape, period. I support closing this loophole."
Legal experts note this statement was confused, as no such loophole exists. A person who is intoxicated retains the right to revoke consent at any time, and if a person passes out, consent is withdrawn. The law does not permit an intoxicated person to be subjected to sex despite their objections.
Background on the Accused
James' appointment as special prosecutor comes amid new reporting from The New York Times that sheds light on the claims of the seven accused fraternity brothers, all of whom deny sexually assaulting Doe:
- Four said they had sex with her, but it was consensual.
- Two deny having sex with her at all.
- One says Doe performed oral sex on him while he was too drunk to consent.
They recall Doe repeatedly and vigorously giving her consent to the sexual conduct that occurred. There is profound reason to doubt whether James intends to give them a fair shake.
Source
Reason MagazineWestern