New York Governor Kathy Hochul on Friday pledged to pursue a change in state law that would prevent alleged offenders from avoiding rape charges when a victim was voluntarily intoxicated, following renewed scrutiny of an alleged gang rape case at Cornell University.

The issue has triggered public outrage after prosecutors initially chose not to bring charges over allegations involving the Ivy League school two years ago. Hochul has appointed New York Attorney General Letitia James as a special prosecutor to examine the matter.

The investigation was reopened on Monday after the alleged victim filed a civil lawsuit. The lawsuit has intensified claims that Cornell did not adequately hold the accused men accountable.

According to the lawsuit, the woman said she was drugged with ketamine in 2024 before being assaulted and raped by seven members of Chi Phi, a fraternity described as a social club for male students.

Hochul said a victim's decision to consume alcohol or drugs should not affect whether an alleged sexual assault can be prosecuted.

“It should not matter whether they chose to use drugs or alcohol. Voluntary intoxication is not a licence for sexual assault or gang rape, period,” Hochul said Friday.

“I support closing this loophole and will work with the New York State Legislature to accomplish this.”

Campus assault cases affected by legal gap

Shiwali Patel, Senior Director of Education Justice at the National Women’s Law Center, said the continued existence of the legal loophole was remarkable.

“It’s just astounding that this loophole still exists,” Patel told AFP.

She said it has major consequences in cases involving colleges, where alcohol and drugs are frequently linked to reports of sexual assault.

“It does have a huge impact on college cases because the reality is that a significant majority of campus sexual assaults do involve alcohol and drugs,” Patel said.

Governor criticises initial handling of complaint

Hochul also strongly criticised the initial response to the woman’s allegations. She said the alleged victim had spoken to police for hours and given a clear account of what she said had happened.

“She sat for hours and told (police) exactly what happened to her. And according to new reports, she could not have been clearer that she was 100 per cent confident that she had been raped,” Hochul said.

The governor questioned why the allegations were not taken to the district attorney after police were told that the woman had allegedly been gang raped while intoxicated in a fraternity house.

“In what world would the police learn from a victim that she’d been literally gang raped while intoxicated... in the fraternity house, and not elevate those allegations to the district attorney?” Hochul said.

James said Friday that her office would conduct a full review of the case as special prosecutor.

She said she would “review the facts, gather evidence, interview witnesses, and, if warranted, pursue prosecutions.”

Tompkins County District Attorney Matthew Van Houten said this week that he intends to bring criminal charges against the seven men. His office had declined to prosecute in 2024, he said, because the alleged victim’s testimony did not establish a lack of consent.

Cornell fraternity closed after allegations

After the allegations emerged, Cornell shut down the fraternity and temporarily suspended the students accused of involvement. Several of those students were subsequently expelled.

The case has drawn attention across the United States and prompted an emotionally charged campus meeting on Thursday. During the gathering, speakers repeatedly criticised Cornell administrators over their response to the allegations.

Hochul said public officials must not ignore cases in which institutions and legal processes fail young people.

“No public official gets to look the other way when the system breaks down and fails our young people. And as governor, I will not allow anyone to sweep this case under the rug,” she said.