Hochul puts attorney general in charge of Cornell rape case

Attorney general takes control

Gov. Kathy Hochul appointed Attorney General Letitia James as special prosecutor after saying she had lost confidence in Tompkins County District Attorney Matthew Van Houten’s handling of the allegations. The executive order puts James in charge of the criminal investigation.

At a news conference with James, Hochul questioned why Cornell police did not elevate the woman’s account to the district attorney and why the prosecutor did not interview her or others involved. Hochul said the woman had been failed by the institutions responsible for protecting her.

James said investigators will examine evidence and interview witnesses. Her office will decide whether the evidence supports criminal charges. Van Houten and Cornell said they support the attorney general taking over the case.

Lawsuit alleges drugging and assault

A former Cornell student, identified in court as Jane Doe, filed a civil lawsuit against the university and seven current or former fraternity members. The lawsuit alleges that she was given ketamine and assaulted for hours at the Chi Phi fraternity house on Cornell’s Ithaca campus on Oct. 19, 2024. She reported the incident to campus police three weeks later.

Van Houten previously said the woman’s November 2024 sworn statement to police described the drug use and sexual activity as voluntary and consensual. He said his office’s decision at that time could not have considered allegations made in a civil lawsuit filed much later.

What happens next

The attorney general’s office can gather evidence, conduct interviews and assess whether prosecution is warranted. The civil lawsuit and the criminal investigation are separate proceedings: The lawsuit presents the former student’s claims, while James’s office will determine whether criminal charges should be pursued.