New York Attorney General Letitia James has opened an active criminal investigation into an alleged gang rape at Cornell University in October 2024. Gov. Kathy Hochul appointed James as an independent special prosecutor after raising concerns about Cornell police procedures and a decision not to bring criminal charges. The investigation will examine the available evidence, interview witnesses and determine whether prosecution is warranted. Cornell University has also said it will conduct an independent external review of its handling of the case.

The allegations became public through a civil complaint filed in September by a woman identified as Jane Doe. The complaint accuses seven members of Cornell’s Chi Phi fraternity of sexual assault and rape, while prior investigative records and statements have described the events differently.

Attorney general takes control of the criminal inquiry

Gov. Kathy Hochul signed an executive order appointing Letitia James special prosecutor on Thursday. The order cited serious questions about the investigation conducted by the Cornell Police Department and the Tompkins County district attorney’s decision not to prosecute the alleged sexual assault on campus.

At a news conference on Friday, James said her office had opened an active criminal investigation. She said investigators would review the facts, gather evidence and interview witnesses before deciding whether prosecution was appropriate.

“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.”

Civil complaint details the reported assault allegations

Jane Doe filed the civil complaint in September, nearly two years after the alleged incident. She accuses seven members of the Xi chapter of the Chi Phi fraternity at Cornell of sexually assaulting and raping her.

According to the complaint, Doe alleges that members of the fraternity provided her with alcohol and drugs until she became intoxicated. She further alleges that the intoxication preceded sexual assault and rape. These allegations remain claims in a civil case and have not been established through a criminal conviction.

Officials dispute how the original account was handled

The Tompkins County district attorney’s office reviewed the matter in 2024 and did not pursue criminal charges. In a statement dated September 28, the office said Doe’s sworn statement from November 2024 did not allege that she had been drugged against her will or gang raped. It characterized the statement as describing voluntary and consensual drug use and sexual conduct.

Gov. Kathy Hochul has cited reports that Doe told Cornell police officers she had been raped, but that information was not included in the voluntary statement sent to prosecutors. Hochul questioned why the alleged account was not elevated to prosecutors and why investigators did not interview Doe or others involved.

Matthew Van Houten, the Tompkins County district attorney, said he had not been told that the statement provided to his office was inaccurate or incomplete. He said he contacted Doe’s attorneys after the civil lawsuit was filed to understand the discrepancy and determine the appropriate next steps.

Cornell backs special prosecutor and external review

Cornell University said it supports the appointment of a special prosecutor and efforts to change New York’s rape law. The university also committed to an independent external review of all aspects of its handling of the case.

The university’s review will occur alongside the criminal investigation led by the attorney general. The separate inquiries could examine institutional responses, police reporting, communications with prosecutors and the treatment of the woman who made the allegations.

Investigation will assess evidence and possible charges

James said the attorney general’s office will follow the facts and the law. Its work is expected to include reviewing records, gathering additional evidence and interviewing witnesses connected to the alleged incident and the earlier investigation.

The appointment does not itself establish that a crime occurred or guarantee charges. Any prosecution would depend on the evidence developed by investigators and the legal standards applicable to the case. The inquiry also follows debate over how New York investigates and defines sexual assault allegations.

Summary

The special prosecutor’s investigation will revisit both the alleged assault and the actions taken by Cornell police and prosecutors in 2024. The inquiry is intended to determine whether relevant evidence was omitted, overlooked or otherwise mishandled. No criminal charges have been announced, and the allegations remain under investigation.

Frequently Asked Questions

Who is leading the investigation?

New York Attorney General Letitia James is leading the criminal investigation after Gov. Kathy Hochul appointed her special prosecutor.

What prompted the appointment?

The governor cited questions about Cornell police conduct and the Tompkins County district attorney’s decision not to pursue charges in 2024.

Have criminal charges been filed?

No criminal charges have been announced. The attorney general’s office will decide whether charges are warranted after reviewing evidence and interviewing witnesses.