AG James Opens Criminal Probe in Cornell Case as Hochul Backs Closing Rape-Law Loophole

Attorney General Letitia James said Friday that her office has opened an active criminal investigation into the alleged 2024 sexual assault involving members of a Cornell University fraternity, a day after Gov. Kathy Hochul took the case away from the Tompkins County district attorney.

Hochul signed Executive Order 64 on Thursday, appointing James as special prosecutor. The order directs the attorney general to investigate and, if warranted, present evidence to a grand jury and prosecute any offenses arising from the allegations. It says the district attorney declined to prosecute in November 2024 without speaking to the woman.

"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," Hochul said in a statement Thursday. She said it had "undercut my faith, and the public's faith," in the district attorney's ability to handle the case.

At a news conference at her Manhattan office Friday, Hochul went further. "At every turn, she was failed by people and institutions with an obligation to protect her," the governor said. She called it "a failure" for Cornell police to send "a partial record" to prosecutors, and she questioned why the district attorney did not interview the woman before deciding not to bring charges.

James, standing beside her, said prosecutors "will review the facts, gather evidence, interview witnesses, and if warranted, pursue prosecutions." She said an investigation like this takes time. Asked about the district attorney, she said, "At this point in time, we will not be focusing on the actions of the district attorney."

District Attorney Matthew Van Houten said in a statement Friday that he supports James' appointment and that his office will cooperate fully. "It has become clear that we were not provided the full picture by the University," he said. Cornell said Thursday that it supports the governor's decision to assign the case to the attorney general.

Van Houten's office declined to bring charges in 2024 and said Monday that it was reopening the case after a civil lawsuit was filed against Cornell in September. No one has been criminally charged. Lawyers for some of the men accused have denied the allegations.

Hochul also put her weight behind closing what critics call the voluntary intoxication loophole in the state's rape law. Under current law, a person counts as mentally incapacitated only if a drug or intoxicant was given to them without their consent, so cases in which someone drank or took drugs willingly are much harder to charge.

"If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol," Hochul said Friday. "I support closing this loophole, and will work with the New York state Legislature to accomplish this," she said.

The governor did not commit to calling a special session, pointing instead to the regular session in January and to S.10632, which has already passed the Senate. "We can take a look at that, talk to the sponsors, but find out in light of what we've learned: Are there any other glaring deficiencies in state law?" she said.

The Senate passed S.10632 60-0 on June 4, and it has sat in the Assembly Codes Committee since, Senate records show.

The Assembly version, A.101, is sponsored by Jeffrey Dinowitz of the Bronx, who chairs the Codes Committee. Codes approved it 21-0 on May 28, 2025, and sent it to the Rules Committee, but it never got a floor vote. It went back to Codes on Jan. 7, Assembly records show. It has 95 co-sponsors.

Eleven of Long Island's 22 Assembly members co-sponsor A.101, the Assembly's bill record shows.

In Suffolk, they are Tommy John Schiavoni of the 1st District, Joe DeStefano of the 3rd, Rebecca Kassay of the 4th, Phil Ramos of the 6th, Jarett Gandolfo of the 7th and Steve Stern of the 10th. Michael Durso of the 9th District, which reaches into both counties, is also a co-sponsor.

In Nassau, Charles Lavine, Noah Burroughs, Edward Ra and Judy Griffin are co-sponsors. Lavine is also one of the 14 members of the working group Heastie named Wednesday, according to the speaker's office.

In the Senate, all nine Long Island members voted for S.10632 in June. Six of them are co-sponsors, Senate records show.