New York Gov. Kathy Hochul, a Democrat, has appointed Attorney General Letitia James to oversee a new investigation into Cornell University's handling of a 2024 sexual misconduct allegation. That matter is the subject of a lawsuit by the alleged victim, known as Jane Doe, whose accusation of gang rape at the Chi Phi fraternity house in October of that year has garnered significant media coverage this week.
Numerous commentators have weighed in. So has James:
"What this young woman has been forced to endure is horrific and unacceptable," James wrote on X on September 28. "I'm holding her in my heart and in my prayers. To her, and to all survivors: you're not alone. We stand with you."
What this young woman has been forced to endure is horrific and unacceptable. I'm holding her in my heart and in my prayers.
To her, and to all survivors: you're not alone. We stand with you.https://t.co/az4ViQwgy1
— NY AG James (@NewYorkStateAG) September 28, 2026
This is more than just a statement of support or sympathy for a woman speaking out about a troubling experience. James referred to Doe as a "survivor" and said she stands with her. That's not appropriate given that Hochul has tasked James with discovering the truth, regardless of whose account it supports. A truly independent investigator should be open to the possibility that Doe's description of the events in her lawsuit is inaccurate, given that her initial statement to the police and her text messages at the time paint a very different picture.
When asked about this evidence of partiality at a press conference on Friday, James declined to comment. Hochul reaffirmed her support of James, castigating Matthew Van Houten—the district attorney who declined to file charges two years ago—the Cornell University police, and the school's administration for not doing more.
Hochul also addressed what she described as the intoxication "loophole," her mistaken belief that the law somehow fails to protect intoxicated persons from rape. Under New York law, an individual's state of intoxication does not automatically render them incapable of giving consent unless they were forced to take drugs and alcohol, or they pass out from the substances. Hochul finds this to be deficient.
"If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol," she said at the press conference. "Voluntary intoxication is not a license for sexual assault or gang rape, period. I support closing this loophole."
This was a confused statement, since there is no loophole to speak of. A person who is intoxicated obviously reserves the right to revoke consent at any time. And if a person passes out, then consent is withdrawn. The law does not allow for an intoxicated person to be subjected to sex despite their objections.
James' appointment as special prosecutor comes amid new reporting from The New York Times that sheds light on the claims of the seven accused fraternity brothers, all of whom deny sexually assaulting Doe. Four of them said they had sex with her, but it was consensual; two deny having sex with her at all; and a seventh says Doe performed oral sex on him while he was too drunk to consent. They recall Doe repeatedly and vigorously giving her consent to the sexual conduct that occurred.
Unfortunately, there is profound reason to doubt whether James intends to give them a fair shake.
The post Letitia James Has Already Suggested the Cornell 7 Are Guilty appeared first on Reason Magazine.
