RismadarVoice Reporters
October 3, 2026
New York Governor Kathy Hochul has pledged to work with state lawmakers to change a legal provision that can complicate the prosecution of sexual assault cases when an alleged victim voluntarily consumed alcohol or drugs.
Hochul’s intervention follows renewed scrutiny of allegations involving seven former members of the Chi Phi fraternity at Cornell University and questions over how authorities initially handled the case.
A woman identified as Jane Doe in a civil lawsuit alleges that she was sexually assaulted by the men during an incident in 2024. She alleges that she had been given ketamine and was heavily intoxicated at the time.
The allegations have not been proven in court, and any criminal liability would have to be determined through the judicial process.
Hochul said a person’s decision to consume alcohol or drugs should not prevent authorities from pursuing allegations that sexual activity occurred without consent.
“Voluntary intoxication is not a license for sexual assault or gang rape,” the governor said, adding that she supported changing the law and would work with the state legislature.
The controversy centres partly on New York law governing situations in which a person becomes incapable of consenting because of intoxication. Advocates seeking reform argue that existing provisions can create difficulties in cases where intoxication was voluntary.
The Cornell investigation has since been reopened, with New York Attorney General Letitia James appointed as special prosecutor to review the allegations and determine whether criminal charges are warranted.
James said her office would examine the available evidence and interview witnesses before reaching a decision on prosecution.
Tompkins County District Attorney Matthew Van Houten previously said his office declined to prosecute the case in 2024 based on its assessment of the evidence available at the time. The renewed investigation could lead to a fresh determination.
Hochul has also criticised the initial handling of the allegations, questioning whether authorities responded adequately to the complainant’s account.
The woman’s lawyer, Thomas Giuffra, maintains that his client was incapable of giving consent because of her level of intoxication. He has also alleged that efforts were made to protect Cornell University’s reputation, an allegation that has not been established as fact.
Cornell subsequently shut down the Chi Phi fraternity and took disciplinary action against students accused of involvement, including suspensions and, according to reports, expulsions.
The case has generated renewed debate on the university campus and across New York over consent, intoxication and the legal protections available to people reporting sexual assault.
Hochul said state authorities had a responsibility to ensure that shortcomings in the system were addressed.
Meanwhile, US President Donald Trump criticised the appointment of James as special prosecutor, raising concerns about whether those under investigation would receive fair treatment.
The reopened investigation remains ongoing, and no determination of criminal responsibility has been made.
