OAN Staff Katherine Mosack
1:38 PM – Friday, October 2, 2026
New York Democrat Governor Kathy Hochul has issued an executive order (EO) appointing New York Attorney General Letitia James as special prosecutor in the alleged gang rape case of a former Cornell University student by seven fraternity members.
On Thursday, Hochul (D-N.Y.) said that in light of new information about the case, after she called for an independent investigation by Cornell, she lost “faith” in the institution and the district attorney’s “ability to effectively investigate and prosecute the case.”
“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. 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 stated in a press release.
“For this reason, I have issued an executive order appointing Attorney General James as special prosecutor in this case. As special prosecutor, the Attorney General will investigate this incident and, if warranted, prosecute any offenses arising from that investigation and present evidence to a grand jury,” she continued. “The young woman at the center of this case deserves to know that every fact will be examined and justice pursued. This action will ensure that the matter is fully and thoroughly investigated without conflict or bias, and handled independently with the rigor that this matter demands.”
The new information in question included a transcript from a campus police interview with the plaintiff, “Jane Doe,” in which she reviewed a six-page sworn statement given to the authorities. Obtained by the media this week, the transcript reportedly revealed that Doe stated, “I can say with 100% confidence I was raped.”
“Shockingly, those words never made it into the account that the Cornell police sent to prosecutors,” Hochul said at a press conference on Friday. “The attorney general then declined to pursue charges after reviewing that incomplete account and never interviewing her.”
Tompkins County District Attorney Matthew Van Houten noted in a statement on Monday that Doe did not initially claim that she was raped or that the drug use and sexual acts were non-consensual — and she only asserted that the sexual conduct was nonconsensual in a civil lawsuit filed last month.
“Jane Doe’s sworn statement in November of 2024 did not allege that she was drugged against her will or gang raped. On the contrary, Jane Doe’s statement described her participation in drug use and sexual conduct as voluntary, conscious, and consensual,” his statement read. “My office obviously did not and could not have based our November 2024 decision on the allegations in a civil lawsuit that would not be filed until nearly two years later.”
The district attorney outlined the “facts” included in Doe’s statement, which indicated that her initial encounter with two of the seven accused men was consensual, despite her being allegedly under the influence of marijuana, beer, vodka, rum and ketamine — which she had never taken/used before, but claimed to have been pressured by the two men to partake in.
According to the statement, Doe “agreed” to engage in sexual activity with two of the men “due to how attracted [she] was” to one of them. She also said she was “pretty ok” with this encounter, and that her intoxication at the time was a “5 or 6 out of 10.”
Other fraternity members entered the room to participate in the sexual acts. She stated that she explicitly said, “Hell no,” at one point and attempted to hide under a blanket.
“According to the statement, each time Jane Doe asked to stop the sexual conduct, the sexual conduct stopped. Thus, with no evidence of a ‘lack of consent, criminal charges simply could not be sustained,” Houten stated.
He clarified that the behavior of the fraternity members “was without a question disgusting and morally reprehensible” and acknowledged that there may have been other reasons the initial statement did not seem to reflect the civil suit’s accusations.
“I recognize the reality that it can take years of therapy and healing for victims of sexual assaults to fully process and understand what happened to them,” he said.
Nevertheless, Van Houten reopened his investigation this week.
According to a report from The New York Times, one of Doe’s roommates told investigators during the initial probe that Doe’s feelings about the encounter shifted in the days after it occurred.
“I think she wanted it to be consensual,” the roommate allegedly told investigators. “I’d have conversations and she would describe a part of what happened and I would tell her that that is what could be classified as rape,” the roommate added.
James also released a statement on Thursday upon taking on the case.
“Every New Yorker deserves to know that when they report a crime, it will be investigated fully and fairly. The Governor has entrusted my office with this investigation, and we do not take that responsibility lightly,” she said. “As our state’s Chief Law Enforcement Officer, I stand ready to lead a process New Yorkers can trust, guided by the facts and the law.”
In response to Hochul’s news conference, Van Houten said his office would “cooperate fully with the Attorney General.”
“It has become clear that we were not provided the full picture by the University,” Van Houten said.
The case has since initiated a national discussion on consent and sexual misconduct, especially in regard to college “Greek Life.” Hochul said she would back proposed changes to current New York state laws to make it easier for a person who has voluntarily consumed alcohol or drugs to seek justice for alleged sexual assault.
“Voluntary intoxication is not a license for sexual assault or gang rape. Period,” Hochul told reporters. “I support closing this loophole, and will work with the New York state Legislature to accomplish this.”
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