Heastie Forms 2027 Working Group on New York Assault Law After Cornell Case

Q: What explosive new evidence forced the DA to suddenly reopen the Cornell fraternity assault case years after initially dropping it?

It was not one single “smoking gun,” but a package of newly surfaced material that sharply differed from the woman’s 2024 sworn statement and forced a fresh review. The immediate trigger was Jane Doe’s 2026 civil lawsuit, which alleged she was pressured to take ketamine, became incapacitated, and was assaulted for hours by seven Chi Phi fraternity members. Prosecutor Matthew Van Houten said those allegations were “dramatically different” from the account his office relied on in 2024, when her statement described the drug use and sexual activity as voluntary, conscious and consensual. A key piece of the new material was fraternity group-chat evidence, including a Snapchat message telling members there was “free p*ssy” upstairs. The lawsuit also pointed to other degrading messages and additional details suggesting multiple men entered the room and participated after she was impaired. Those messages had become central because they potentially identify witnesses, timing and intent. Further reporting also surfaced a transcript of Doe’s original police interview that reportedly included her saying, about what happened later in the night, “I can say with 100% confidence I was raped.” Van Houten said he had not originally received that full interview transcript, only the later written sworn statement. Based on the lawsuit, the chat evidence, Doe’s later statements and other newly surfaced materials, the DA reopened the case and said it would be presented to a grand jury.

3 articles · Updated · CNN · Oct 1

Carl Heastie said Wednesday he is creating a legislative working group to review New York sexual assault law and draft recommendations for the 2027 session.
The move follows renewed outrage over a Cornell fraternity assault case in which prosecutors said the alleged conduct was morally reprehensible but not criminal under current law.
New York defines incapacity narrowly: prosecutors said Jane Doe voluntarily drank alcohol and consented to take ketamine, leaving no basis to charge rape under the state's intoxication standard.
Advocates say the same voluntary-intoxication exclusion exists in about 19 states and has blocked prosecutions for years; a bill to remove it has been introduced in New York for at least 8 sessions without reaching a floor vote.
The Cornell case has now revived pressure for a broader consent standard, echoing Texas, which changed its law in 2025 after survivor-led campaigning.