New York attorney general to investigate Cornell rape allegations as special prosecutor
In short
New York Gov. Kathy Hochul signed an executive order appointing Attorney General Letitia James as a special prosecutor in the case of a former Cornell University student who says she was raped at the Chi Phi fraternity house in October 2024. The Tompkins County district attorney had confirmed days earlier that he was reopening the criminal investigation, and ABC News has reviewed video of campus police questioning fraternity members who said they heard the encounter was consensual. A civil lawsuit against seven former fraternity members and the university is also pending.
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New York Gov. Kathy Hochul signed an executive order on Oct. 1 appointing state Attorney General Letitia James as a special prosecutor in the case, CBS News reported. Hochul said James will “investigate the incident and, if warranted, prosecute any offenses arising from the investigation and present evidence to a grand jury.” The New York Times reported that Hochul appointed James to lead an investigation into allegations that a woman was raped on campus in 2024 at the now-shuttered Chi Phi fraternity house in Ithaca, N.Y. [ 1 , 2 ]
The woman, identified only as Jane Doe and 20 at the time, filed a civil lawsuit against seven then-Chi Phi fraternity members and Cornell University, alleging they failed to protect her and prevent the alleged assault. In the suit she alleges she visited a friend at the fraternity house while already intoxicated and that two fraternity members pressured her into taking what they said was ketamine. According to the complaint, at about 1:42 a.m. one fraternity member sent a crude message to a Chi Phi Snapchat group chat suggesting a woman upstairs was available for sex; more men then entered the room and the alleged assaults continued until 5:45 a.m. [ 2 ]
Cornell conducted an internal investigation and expelled or suspended several men, and no criminal charges were brought against the accused at the time, CBS News reported. The Tompkins County District Attorney's Office confirmed on Monday, Sept. 28 that it was reopening the criminal investigation amid pressure from the community. The district attorney said the woman's sworn statement from November 2024 was different from what she alleges in the civil lawsuit, while her attorney claims investigators never followed up on her allegations. [ 2 ]
Two investigations are under way, ABC News reported — one to determine whether criminal charges should be brought and another to examine how the university handled her case. Newly obtained videos reviewed by ABC News show members of Chi Phi being questioned by Cornell University police in the weeks after the alleged assault. Members who said they were in the house that night but not involved in the group sex told police they heard the encounter was consensual; one said “what people were saying was that there was like multiple consenting adults in this room,” and another that “there was a consensual act that took place.” The investigator appeared to question how they could know: “how do they know it was consensual?” The member replied, “I can't recall exactly what was said, but yeah, I mean, they … they said that they had sex with her, I guess.” [ 3 , 4 ]
The New York Post, citing the same video, reported that neither of the two fraternity brothers interviewed is among the seven people named in the lawsuit. In a separate interview released as part of the video, an unidentified female student told police that Chi Phi held a meeting after news of what had happened spread so members could get their stories straight, telling her, “This was a consensual orgy… but don't spread it cause it would be bad for our image.” [ 4 ]
Why it matters
A state attorney general acting as special prosecutor takes the case out of the local district attorney's hands and puts a statewide official in charge of deciding whether charges are filed. The documents describe a second investigation into how Cornell handled the woman's case, so the outcome could extend beyond this complaint to how the university responds to sexual assault allegations. Both investigations are described as ongoing, so no conclusions have been reached.
Key facts
- A woman identified as Jane Doe alleges she was raped at the Chi Phi fraternity house at Cornell University in Ithaca, N.Y., in October 2024. [ 1 , 2 , 4 ]
- She filed a civil lawsuit against seven then-Chi Phi fraternity members and Cornell University, claiming they failed to protect her and prevent the alleged assault. [ 2 , 4 ]
- Gov. Kathy Hochul signed an executive order on Oct. 1 appointing Attorney General Letitia James as a special prosecutor in the case. [ 1 , 2 ]
- The Tompkins County District Attorney's Office confirmed on Sept. 28 that it was reopening the criminal investigation amid pressure from the community. [ 2 ]
- Cornell conducted an internal investigation and expelled or suspended several men, and no criminal charges were brought at the time. [ 2 ]
- Videos reviewed by ABC News show Chi Phi members telling Cornell University police they had heard the encounter was consensual. [ 3 , 4 ]
- In one video, an unidentified female student told police that Chi Phi held a meeting after news spread to get members' stories straight. [ 4 ]
Confirmed by several sources
- New York Gov. Kathy Hochul appointed Attorney General Letitia James to lead an investigation into the rape allegations, with James named as special prosecutor. [ 1 , 2 ]
- A woman identified as Jane Doe alleges she was raped at the now-shuttered Chi Phi fraternity house at Cornell University in Ithaca, N.Y., in October 2024. [ 1 , 2 , 4 ]
- Cornell University police questioned Chi Phi members about the alleged assault, according to videos reviewed by ABC News. [ 3 , 4 ]
Still unclear
- The district attorney said the woman's November 2024 sworn statement differed from what she alleges in the civil lawsuit, while her attorney claims investigators never followed up on her allegations. This dispute comes from a single document and the documents do not resolve it or give any response from the district attorney to the attorney's claim.
- Whether any criminal charges will be brought in the case. The documents describe the criminal investigation as reopened and the special prosecutor's role as investigating and prosecuting if warranted, but give no outcome.
- What the review of how Cornell University handled the woman's case will find. ABC News says a second investigation is examining the university's handling but the documents report no findings.
- The Tompkins County District Attorney's Office said it was reopening the criminal investigation into the case. Reported by a single source so far
What local media are saying
Timeline, local time
- According to her lawsuit, a fraternity member sent a message to a Chi Phi Snapchat group chat suggesting that a woman upstairs was available for sex, around the time the alleged assaults began. [ 2 ]
- The complaint says the alleged assaults continued until 5:45 a.m. [ 2 ]
- The woman gave a sworn statement to investigators, which the district attorney later said differed from what she alleges in the civil lawsuit. [ 2 ]
- The Tompkins County District Attorney's Office confirms it is reopening the criminal investigation amid pressure from the community. [ 2 ]
- Gov. Kathy Hochul signs an executive order appointing Attorney General Letitia James as a special prosecutor in the case. [ 2 ]
- The New York Times publishes a summary of what is known about the case, reporting Hochul appointed James to lead the investigation. [ 1 ]
- CBS News reports new details in the case, including the district attorney's reopening of the criminal investigation and the executive order. [ 2 ]
- ABC News publishes video of Cornell University police questioning Chi Phi members about how they knew the alleged sex was consensual. [ 3 ]
- The New York Post reports on the same video, including a student's account that Chi Phi held a meeting to get members' stories straight. [ 4 ]