New York Gov. Kathy Hochul says Jane Doe in Cornell case was ‘failed’ by the system

New York Gov. Kathy Hochul said Friday she believes the former Cornell University student who alleges she was gang raped by fraternity members in 2024 was “failed by people and institutions with an obligation to protect her,” including a county prosecutor.

“I will not allow anyone to sweep this case under the rug,” Hochul told reporters at a Friday morning news conference in New York City.

Hochul, reading from prepared remarks, confirmed that she has appointed New York Attorney General Letitia James to carry out a “fresh and thorough review” of all the facts in the case nearly two years after a district attorney declined to pursue criminal charges.

“We will review the facts, gather evidence, interview witnesses and, if warranted, pursue prosecutions,” James said at the news conference. “I know that you want answers. I do, too.”

Hochul said she believes Cornell University did not provide enough information about the accuser’s account of the alleged sexual assault at the Chi Phi fraternity house in October 2024. Hochul also faulted Tompkins County District Attorney Matthew Van Houten for not doing a more comprehensive investigation.

“In what world does the district attorney not even interview her or anyone else involved, or even request the full transcript” of Jane Doe’s interview with Cornell University campus police, Hochul said.

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“This woman, this young woman, had already endured something that is utterly unspeakable,” Hochul added.

Hochul said she supports changing current New York state law, which makes it difficult for a person who has voluntarily consumed alcohol or drugs to seek criminal justice for an 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.”

Van Houten did not immediately respond to NBC News’ request for comment on Hochul’s remarks, and he did not respond to multiple requests for comment on James’ appointment.

In response to a request for comment on Hochul’s news conference, a Cornell spokesperson said: “We fully support the appointment of a special prosecutor and efforts to change New York State’s rape law and are committed to an independent external review of all aspects of how Cornell has handled this case.”

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Hochul appoints Letitia James as special prosecutor in Cornell sexual assault case

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The accuser, identified in court documents as Jane Doe, reported the alleged assault to university police in November 2024, about three weeks after she said it took place, according to a civil lawsuit. The Ivy League university then sent a sworn statement to Van Houten’s office.

Van Houten’s office “determined the alleged facts as set forth in the statement do not constitute a crime,” the district attorney has said. In a lengthy statement Monday, Van Houten said the sworn statement Jane Doe provided to campus police “did not allege that she was drugged against her will or gang raped.”

But news reports have since complicated that characterization. CBS News New York, citing a transcript of a conversation between Jane Doe and investigators, reported Wednesday that she told campus police: “I can say with 100% confidence I was raped.

NBC News has not independently verified the transcript.

Jane Doe’s lawsuit names seven fraternity members as defendants. It also accuses the fraternity, her sorority and a bar she visited on the night of the alleged assault of negligence.

The national Chi Phi organization has called the sexual assault allegations at Cornell University “deeply concerning,” and the sorority said it could not comment on pending litigation. The bar denied serving alcohol to Jane Doe, who was under the legal drinking age at the time. Cornell has defended its 2024 investigation.

The case has drawn extensive news coverage and wide attention on social media. Hollywood celebrities such as Oscar-nominated actor Florence Pugh and “Law & Order: Special Victims Unit” star Mariska Hargitay highlighted Jane Doe’s lawsuit on Instagram.

“This is a human issue, not a women’s issue,” Pugh wrote in an Instagram post Sunday. “We are all involved.”