New York Governor Kathy Hochul vowed Friday to close a legal loophole that makes it harder to prosecute rape cases if the victims were willingly intoxicated, amid an uproar over an alleged gang rape at Cornell University.
The accuser in that case has filed a civil lawsuit over the alleged 2024 attack at the Ivy League school, casting a harsh spotlight on a decision by prosecutors not to file any criminal charges at the time.
The investigation into the incident was reopened on Monday, and Hochul has appointed state Attorney General Letitia James as a special prosecutor, as anger mounts over allegations that Cornell failed to properly hold the men accountable.
In her civil suit, the woman says she was drugged with ketamine, assaulted and raped by seven members of the Chi Phi fraternity, a social club for male students.
“It should not matter whether they chose to use drugs or alcohol. Voluntary intoxication is not a license for sexual assault or gang rape. Period,” Hochul said Friday.
“I support closing this loophole, and will work with the New York state legislature to accomplish this.”
Several US states, including New York, have provisions in their laws making it harder for prosecutors to bring charges against someone who engaged in sex with a person who voluntarily became intoxicated to the point where they could not meaningfully give — or withhold — consent.
“It’s just astounding that this loophole still exists,” Shiwali Patel, the senior director of education justice at the National Women’s Law Center, told AFP.
“It does have a huge impact on college cases because the reality is that a significant majority of campus sexual assaults do involve alcohol and drugs.”
In the United States, one in four female undergraduates reported forced sexual contact or sexual contact for which they could not consent, according to a 2020 study of 33 institutions by the Association of American Universities.
– ‘Deeply disturbed’ –
Hochul slammed how the initial investigation into the complainant’s claims unfolded at Cornell, which is located in Ithaca in central New York state.
“She sat for hours and told (police) exactly what happened to her. And according to new reports, she could not have been clearer that she was 100 percent confident that she had been raped,” Hochul said.
“In what world would the police learn from a victim that she’d been literally gang-raped while intoxicated… in the fraternity house, and not elevate those allegations to the district attorney?”
James, a Democrat who has clashed repeatedly with US President Donald Trump, said Friday she would “review the facts, gather evidence, interview witnesses, and if warranted, pursue prosecutions.”
Tompkins County District Attorney Matthew Van Houten said this week that he planned to file criminal charges against the seven men.
He said his office declined to prosecute in 2024 because the complainant’s testimony did not establish a lack of consent.
Following the allegations, Cornell shut down the fraternity and temporarily suspended the students allegedly involved, several of whom were later expelled.
Lawyer Thomas Giuffra, who represents the alleged victim, told CBS News that his client was “incapable of consent” because she was “completely, grossly intoxicated” when she arrived at the frat house.
“I’m more and more convinced there was a cover-up” to protect the university’s reputation, Giuffra added.
Cornell’s student body held a campus meeting Thursday at which emotions ran high.
Speakers repeatedly attacked college administrators for their handling of the case, which has garnered nationwide attention.
“No public official gets to look the other way when the system breaks down and fails our young people. And as governor, I will not allow anyone to sweep this case under the rug,” Hochul said Friday.
“I am deeply disturbed by Cornell University’s police and how they handled this.”
In Washington, Trump lashed out at James’s involvement as special prosecutor, saying: “I feel badly for whoever she’s looking at, because they won’t get a fair shake.”
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