New York governor promises to close 'rape loophole' at the centre of the Cornell University case

Warning: This article contains discussion of rape which some readers may find distressing.

New York Governor Kathy Hochul has said the woman at the centre of the Cornell University rape case was 'failed' at 'every turn' and has called for a change to the state's laws around consent.

Speaking on Friday (2 October), she announced: "If someone is too intoxicated to consent, it should not matter if they chose to use drugs or alcohol.

"Voluntary intoxication is not a licence for gang rape, period. I support closing this loophole and will work with the New York state legislature to accomplish this."

As reported by The Independent, under current state law, prosecutors face legal challenges when trying to convict people who engage in sexual acts with someone so intoxicated they cannot give meaningful consent, if that person consumed the drugs and/or alcohol voluntarily.

The accuser at the centre of the alleged gang rape, who is known anonymously as Jane Doe, filed a civil lawsuit against the University on 16 September, saying she was drugged and raped at a fraternity house during the incident two years ago.

She claimed that Cornell had failed to protect her or adequately punish the men allegedly involved, who have since been dubbed the Cornell Seven as the case has garnered worldwide attention.

New York governor Kathy Hochul has issued an update on the Cornell University rape case (Spencer Platt/Getty Images)

Jane Doe accused one of the men of sending a Snapchat message inviting other frat members to join them, and said the group attacked her for hours on end at a frat house. None of the men have been criminally charged.

Cornell has said in a statement that it 'fully supports the decision of the Tompkins County District Attorney (DA) to provide an opportunity for the victim’s story in the 2024 Chi Phi fraternity sexual assault case to be heard by a criminal grand jury'. The university closed the fraternity in 2024 following a Title IX investigation.

Kyle Kimball, Vice President for University Relations, also said in a statement: "Any suggestion that the university did not impose consequential punishments for those involved is false. A continuation of the false narrative that there were minimal consequences in this case is irresponsible, will make survivors feel less safe and supported, and will perpetuate the underreporting of sexual assault."

As reported by the BBC, in her update, the New York governor said she is 'deeply disturbed at Cornell University's police and how they handled this,' adding: "Them sending a partial record over...is, in my judgement, a failure. We'll have the attorney general, and others find out if this was actually the case of what happened."

The university closed the fraternity in 2024 following a Title IX investigation (Spencer Platt/Getty Images)

Tompkins County district attorney Matthew Van Houten said in a statement on Monday (28 September): "Multiple prosecutors and criminal investigators reviewed Jane Doe’s statement and correctly determined the alleged facts as set forth in the statement do not constitute a crime."

Hochul also confirmed that last night she signed an executive order appointing New York's attorney general Letitia James as a special independent prosecutor in the case, and outlined that Cornell University had agreed to an outside investigation.

She affirmed: "I will not allow this case to be swept under the rug."

She added: "Every parent who sends their child to college expects them to be safe and if something terrible happens, the student deserves to know that the people they turn to will listen to them, protect them and fight for them."

If you have been affected by any of the issues in this article and wish to speak to someone in confidence, contact the Rape Crisis England and Wales helpline on 0808 500 222, available 24/7. If you are currently in danger or need urgent medical attention, you should call 999.