Hochul backs change to New York consent law after Cornell allegations

Update

Cornell’s Student Assembly held a public hearing on sexual violence on 1 October, as New York appointed the state attorney general’s office to investigate an alleged 2024 assault at the university. The appointment changes who leads the criminal investigation; it is separate from Cornell’s promised outside review of its own handling of the woman’s report. [6] [8] [9]

The Associated Press reported that dozens of students and community members attended the forum. Over more than two and a half hours, speakers called for greater transparency, stronger prevention measures and changes to Greek life. Others urged the community not to let the allegations define Cornell. Student Jane Wang described difficulties getting guidance and updates after reporting a separate alleged assault. [9]

AP also reported that the assembly passed proposals on transparency, consent education and counselling for survivors. Cornell’s published page for the transparency resolution still listed it as ‘In Discussion’. [7] [9]

Cornell says it has imposed suspensions and expulsions and indefinitely suspended the Chi Phi fraternity. Lawyers for two men named in the woman’s civil lawsuit deny that their clients took part in sexual assault. Spectrum News reported on 1 October that no criminal charges had been filed. [7] [9] [10]

Update

Speaking on 2 October, Governor Kathy Hochul said the woman who alleges she was sexually assaulted at Cornell in 2024 had been failed by institutions obliged to protect her. Hochul questioned why the Tompkins County district attorney had not interviewed the woman and said, citing new reporting, that her assertion she had been raped was missing from the Cornell police account sent to prosecutors. Her criticism followed the appointment of Attorney General Letitia James to conduct a fresh investigation and pursue charges if warranted. [12] [13]

District Attorney Matthew Van Houten said in September that his office had reviewed the woman’s sworn statement and concluded that the conduct it described did not constitute a crime. ABC News subsequently reported that the statement also described refusals and the woman feeling unable to make decisions because of intoxication. Van Houten now supports James’s appointment and says his office was not given the full picture by the university, the Associated Press reported. [16] [17] [23]

Cornell also narrowed the wording of a public FAQ. An archived version said police had shared all investigatory information with prosecutors; a later version named the woman’s sworn statement and a Snapchat screenshot, without saying those were the only items transferred. [14] [15]

Hochul also pledged to work with lawmakers on how sexual-offence law treats people who are too intoxicated to consent after voluntarily taking drugs or alcohol. A bill addressing that issue passed New York’s state Senate in June but remained in an Assembly committee on 2 October. Hochul did not identify the bill in her remarks. [12] [20]

Update

Cornell president Michael Kotlikoff said in a video released on 3 October that the university community “must do better”, promising greater openness about its handling of a sexual assault allegation within legal and privacy limits. He said trustees would announce the following week which outside law firm would review Cornell’s response. [27] [28] [32]

The external review had been agreed before the video: New York governor Kathy Hochul had already said Cornell would hire outside counsel. Kotlikoff also called for a serious look at fraternities and sororities. Cornell’s March 2026 task-force report had recommended clearer information about reporting sexual assault and more education within those organisations. [29] [24] [26]

The woman, identified as Jane Doe in her civil complaint, alleges that seven men assaulted her at a fraternity house in October 2024. Several have denied non-consensual sex or denied touching her. The complaint describes at least 12 university disciplinary hearings, and Cornell says suspensions and expulsions followed its investigation. Those earlier steps do not settle questions about how the case was handled. [25] [30] [31]

The local district attorney said his decision not to prosecute relied on a signed police summary rather than the full interview transcript. ABC reports that prosecutors declined to review further interview material identified by Cornell police. It remains unclear whether reviewing that material would have changed the charging decision. [30] [32]

The planned law-firm review concerns Cornell’s handling of the case. A separate criminal investigation was assigned to New York’s attorney general on 1 October; AP reported on 5 October that no criminal charges had been filed. [8] [33]

Update

New York governor Kathy Hochul said on 2 October that she would work with state lawmakers to change sexual consent law after allegations of sexual assault at Cornell University. She wants the law to cover people who are too intoxicated to consent even if they chose to take drugs or alcohol. Her pledge does not change the law. [12]

Under New York’s currently published provisions, a person’s voluntary use of an intoxicating substance does not, by itself, meet the specific definition of being ‘mentally incapacitated’. But other grounds for establishing lack of consent remain available, including forcible compulsion and physical helplessness. [18] [19]

A bill that would add a route for certain sexual offences involving severe intoxication passed the state Senate in June by 60 votes to none among those voting. It remained in an Assembly committee on 2 October. Hochul has not committed to the bill’s precise wording. [20] [12]