Video courtesy the Associated Press, More Perfect University<\/p>\n
ALBANY, N.Y. (NEXSTAR) \u2014 Some New York state officials demanded independent investigations and proposed new laws after Tompkins County District Attorney Matthew Van Houten reopened a 2024 sexual assault case<\/a> involving seven Cornell University fraternity members. Now, responding to public outrage, Democratic New York State Governor Kathy Hochul and legislators want to close legal loopholes around intoxication and interrogate how the university handles student safety.<\/p>\n <\/p>\n \t Jane Doe, an unnamed former student, sued Cornell and seven men<\/a> from the Chi Phi fraternity on September 16, claiming they drugged and raped her at a party in October 2024. Van Houten said he reopened the investigation to present new evidence from the civil lawsuit to a grand jury.<\/p>\n The DA defended originally declining to file criminal charges in November 2024. Doe\u2019s initial sworn police statement described consensual sexual acts and heavy voluntary drug use, Van Houten said, but she never claimed the men used physical force or drugged her against her will. Under New York law, prosecutors need proof of forcible compulsion or physical helplessness to prove a lack of consent.<\/p>\n \t Cornell University<\/a> said that officials conducted a Title IX investigation, expelled and suspended students, and barred Chi Phi from campus. The university called it \u201cirresponsible\u201d to say that the perpetrators in the case suffered no consequences, and warned that doing so could discourage victims from reporting sexual assault in the future.<\/p>\n Hochul called for outside legal experts to review how Cornell responded to the incident. She said in a statement on Tuesday that she wants to know if the school did everything possible to protect students and pursue justice.<\/p>\n \t \u201cThe allegations in this case are nothing short of horrifying,\u201d Hochul said. \u201cFor any student to come forward after an experience like this takes extraordinary courage.\u201d<\/p>\n State Senate Majority Leader Andrea Stewart-Cousins echoed the governor\u2019s call for an independent review on Tuesday, adding that the State Senate will \u201ccontinue to look at smart legislative fixes, so all victims are heard and protected.\u201d<\/p>\n \t \u201cThe university\u2019s response to these allegations has rightfully drawn serious scrutiny,\u201d she said in a press release. \u201cWe need to ensure that all students on that campus and campuses across the state can report these crimes without being ostracized in the process.\u201d<\/p>\n State lawmakers have talked up two proposed bills that relate to the case, for example by making it easier to prosecute accused attackers even if a victim willingly took alcohol or drugs before an assault.<\/p>\n \t Democratic State Senator Nathalia Fernandez and Democratic Assemblymember Jeffrey Dinowitz sponsored S10632<\/a>\/S54A<\/a>\/A101<\/a>. It would allow sex crime charges when a victim can\u2019t control their conduct, even if they\u2019re voluntarily intoxicated. Current state law limits sex crime prosecutions when a victim chooses to consume an intoxicant, but the bill would let prosecutors focus on whether the victim could actually consent instead of how or why they were intoxicated. If passed into law, it would let a jury convict an attacker who knew or should have known that drugs or alcohol left the victim unable to control their behavior.<\/p>\n \u201cVoluntary use of alcohol or drugs shouldn\u2019t be treated as consent to sexual assault,\u201d Dinowitz wrote on social media on Monday. He and Fernandez are holding a press conference in the Bronx on Thursday to rally support for the bill.<\/p>\n \t Democratic State Senator Lea Webb, who represents the Ithaca area, also backed that specific legislation while throwing her support behind S866<\/a>. Sponsored by Democratic State Senator Jamaal Bailey, it would clarify consent language in sexual assault cases.<\/p>\n That bill would redefine a \u201cphysically helpless\u201d victim, updating the legal standard for consent from \u201cno means no\u201d to \u201cyes means yes.\u201d It would replace \u201cunwillingness\u201d with \u201caffirmative consent\u201d in the penal code, defining a knowing, voluntary, and mutual decision to engage in sexual activity.<\/p>\n
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