# Why the Cornell rape case stalled > A former sex crimes prosecutor explains how the district attorney failed to investigate, and what should happen next. - Title: Why the Cornell rape case stalled · Vox | Shortify - Summary: A former sex crimes prosecutor explains how the district attorney failed to investigate, and what should happen next. New York's district attorney declined… - Keywords: cornell university, sexual assault, tompkins county district attorney, matthew van houten, letitia james, jane doe, chi phi fraternity, new york, special prosecutor, criminal investigation, consent law, news - Source: Vox — https://vox.com/podcasts/504946/cornell-rape-case-district-attorney-investigation-special-prosecutor - Author: Hady Mawajdeh - Published: 2026-10-03T10:00:00+00:00 - Read time: 5 min - Topics: cornell university, sexual assault, tompkins county district attorney, matthew van houten, letitia james, jane doe, chi phi fraternity, new york, special prosecutor, criminal investigation, consent law, news ## A campus assault becomes national news In October 2024, Cornell University students received a crime alert about a reported sexual assault. Nearly two years later, on September 16, the victim filed a civil lawsuit that brought national attention to her case. ## What Jane Doe alleges The victim, known as Jane Doe, alleges that seven men drugged and sexually assaulted her at the Chi Phi fraternity house two years ago. Her lawsuit also accuses the university, fraternity and sorority organizations, and a local bar of failing to protect her. ## The defendants deny wrongdoing Lawyers for several of the men have denied the allegations and any wrongdoing. Cornell says its disciplinary actions led to suspensions and expulsions for some of the young men, and the Chi Phi fraternity remains barred from campus. ## The DA declines to prosecute Jane Doe went to campus police in November 2024. Tompkins County District Attorney Matthew Van Houten reviewed her account and declined to bring charges, saying what she described did not meet the state's requirements for criminal charges. ## The case reopens, then escalates Van Houten reopened the investigation late last month while continuing to defend his original decision. On Thursday, New York Governor Kathy Hochul named state Attorney General Letitia James as special prosecutor, saying she had lost faith in Van Houten. > lost faith ## What Jane Doe told police Jane Doe told Cornell campus police she had gone to a frat house while under the influence of alcohol. At the frat house, she was given more alcohol and ketamine. Several men had sex with her while she was intoxicated. ## What should have happened next Lauren Hersh, a former Brooklyn prosecutor who led the office's sex trafficking unit, says authorities should have listened to the survivor's wishes and guided the case at her pace, whether through campus police, Title IX office, or local law enforcement. ## The DA's role was to investigate Hersh says when a prosecutor receives a victim statement with horrific facts, that is a significant investigative lead. The DA should have interviewed the victim, pulled layers back, and tried to understand what transpired, but that never happened. > that is a significant investigative lead ## Text messages the DA missed There were text messages shared between the boys that the prosecutor did not know about. A good investigator would have gone to the fraternity house and interviewed boys on the text thread to understand contemporaneous statements and social media activity. ## The DA defends himself by blaming inconsistencies Van Houten has publicly defended himself by saying the details in the September lawsuit differ from the young woman's 2024 statement to police. Hersh finds this troubling, saying it amounts to making excuses and blaming the victim. ## Inconsistencies are normal Hersh says inconsistencies in victim statements come in all shapes and sizes and are very common. They are not a dealbreaker, despite the prosecutor wanting the public to believe they are. > That is not a dealbreaker ## The DA is doing media instead of investigating Hersh finds it confusing that Van Houten is doing a media tour rather than sitting in his office doing the work. She says the DA has reached a conclusion before actually investigating the case, which is deeply troubling. ## New York's consent law is problematic New York law makes it very hard to prosecute when the victim is voluntarily intoxicated but not unconscious. Hersh says there is a voluntary intoxication loophole that advocates have been trying to fix for years without success. ## A legislative fix is needed Hersh says a new law would allow prosecutors to bring cases when the victim is so severely intoxicated but not physically helpless and where a reasonable person should have known the victim's condition. Based on what is known, Jane Doe was in such a condition. ## Hard cases still deserve investigation Hersh says the DA is right that this is a very hard case to prove under current law. But she is a big believer that prosecutors should not avoid cases because they are hard. A change to the law is critically important. > We don't not prosecute cases because they're hard cases ## Two years lost is a big problem When two years have passed and the DA did not investigate immediately, there is a big problem. Evidence disappears, memories fade, and on a college campus with a specific culture, a narrative may take hold that harms the case. ## What the special prosecutor should do Hersh believes a special prosecutor should be appointed and should interview everybody who was in the fraternity that night, anyone who saw the victim before or after, and anyone who made statements in the immediate aftermath of her leaving. ## Text messages reveal mindset Some text messages that have come to light include one saying free pussy. Hersh says these do not sound like a mindset engaging in consensual sex. She wants to understand all correspondence from that night to get closer to what transpired. > Free pussy ## This is systemic failure Hersh says this is both a systemic and cultural failure. Sexual assault is happening across college campuses everywhere. This is yet another example of prosecutorial failure and law enforcement failure that continues to harm survivors. ## Key takeaway New York's district attorney declined to prosecute a Cornell sexual assault case without investigating. The state attorney general is now taking over as special prosecutor.