New York governor vows to close loophole after alleged Cornell University gang rape

• New York Governor Kathy Hochul vowed to close a legal loophole that lets offenders avoid rape charges if victims were willingly intoxicated, following an alleged gang rape at Cornell University.
• The case was reopened after the victim filed a civil lawsuit, accusing Cornell and authorities of failing to hold the accused men accountable; seven fraternity members face potential criminal charges.
• Hochul criticised the initial investigation and promised to work with the state legislature to ensure justice, while Cornell closed the fraternity and suspended or expelled involved students amid public outrage.

NEW YORK – New York Governor Kathy Hochul vowed on Oct 2 to close a legal loophole allowing offenders to avoid rape charges if their victims were willingly intoxicated, as in the case of an alleged gang rape at Cornell University.

There has been an outcry in the United States over a decision by prosecutors not to file charges in the case at the Ivy League college two years ago, prompting the governor to appoint state Attorney-General Letitia James as a special prosecutor.

The investigation was reopened on Sept 28 after the alleged victim filed a civil lawsuit, fuelling allegations that the elite college failed to properly hold the men accountable.

The alleged victim said in her lawsuit that in 2024 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 licence for sexual assault or gang rape. Period,” Hochul said.

“I support closing this loophole, and will work with the New York State Legislature to accomplish this.”

Hochul slammed the conduct of the initial investigation into the alleged victim’s claims.

“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% 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 on Oct 2 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 alleged victim’s testimony did not establish a lack of consent.

Following the allegations, Cornell closed the fraternity and temporarily suspended the students allegedly involved, several of whom were later expelled.

Cornell’s student body held a campus meeting on Oct 1 at which emotions ran high.

Speakers repeatedly attacked the college administrators for their handling of the case that 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 on Oct 2. AFP