New York Governor Kathy Hochul vowed on Friday to close a legal loophole allowing offenders in the state to avoid rape charges if their victims were willingly intoxicated, as in the case of an alleged gang rape at Cornell University.

There has been an outcry in the United States over a decision by prosecutors not to file charges in the case at the Ivy League college two years ago, prompting the governor to appoint state Attorney General Letitia James as a special prosecutor.

The investigation was reopened on Monday after the alleged victim filed a civil lawsuit, fueling allegations that the elite college failed to properly hold the men accountable.

The alleged victim said in her lawsuit that in 2024 she was drugged with ketamine, assaulted and raped by seven members of the Chi Phi fraternity, a social club for male students.

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

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

Several US states, including New York, have provisions in their laws making it harder for prosecutors to bring charges against someone who engaged in sex with a person who voluntarily became intoxicated to the point where they could not meaningfully give or withhold consent.

Shiwali Patel, Senior Director of Education Justice at the National Women’s Law Centre, told AFP “it’s just astounding that this loophole still exists”.

“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,” she said.

‘Under the rug’

Hochul slammed the conduct of the initial investigation into the victim’s claims.

“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.

“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?”

James, a Democrat who has clashed repeatedly with US President Donald Trump, said on Friday 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 planned to file criminal charges against the seven men.

He said his office declined to prosecute in 2024 because the victim’s testimony did not establish a lack of consent.

Following the allegations, Cornell closed the fraternity and temporarily suspended the students allegedly involved, several of whom were later expelled.

Cornell’s student body held a campus meeting on Thursday at which emotions ran high.

Speakers repeatedly attacked the college administrators for their handling of the case that has garnered nationwide attention.

“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,” Hochul said on Friday.