Trump's remarks came after Hochul, a Democrat, appointed James, a Democrat who has previously investigated and sued Trump, to lead the case. The governor said she had 'lost faith' in the local prosecutor's ability to oversee the investigation into the 2024 alleged gang-rape at a Chi Phi fraternity house.
Hochul said at a news conference on Friday that the woman, known as Jane Doe in legal documents, had been 'failed' at 'every turn' by people and institutions with an obligation to protect her. She expressed outrage that local prosecutors did not interview the accuser themselves, and noted that the woman's statement 'I can say with 100 per cent confidence I was raped' was omitted from the official police report sent to prosecutors.
District Attorney Matthew Van Houten defended his office's previous decision not to file charges, arguing they were not given enough evidence to meet the legal threshold. He said much of the information released in recent weeks about the case was not passed to his office. Cornell University said it provided evidence to the district attorney's office, including a Snapchat group chat in which fraternity members discussed a 'free' sexual encounter with Doe on the night of the alleged assault.
Jane Doe filed a civil lawsuit against the university in September. Her lawyer, Thomas Giuffra, told CNN she is 'not doing well' and is under siege on social media with attempts to identify her.
Hochul also said she was committed to closing what she described as a legal loophole that prevents prosecutors from pursuing rape charges in cases when the victim has voluntarily consumed drugs or alcohol. A bill addressing the issue was already making its way through the state legislature. 'If someone is too intoxicated to consent, it should not matter if they chose to use drugs or alcohol,' Hochul said. 'Voluntary intoxication is not a licence for gang rape.'
James appeared alongside Hochul at the news conference, pledging to 'lead a process guided by the facts and the law' and to interview witnesses and pursue prosecutions if warranted.