There are some new developments in the Cornell gang rape story, which I devoted my post to on Wednesday. New York Governor Kathy Hochul has put Attorney General Letitia James in charge of the investigation and possible prosecution and called for changes in state rape laws. Hochul also criticized the handling of the case by Cornell and local district attorney Matthew Van Houten.
Hochul said the “Cornell 7” case had exposed what she described as a gap in state law and pledged to work with lawmakers on legislation addressing voluntary intoxication.
“If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol,” Hochul said during an Oct. 2 press conference at her Manhattan office. “Voluntary intoxication is not a license for sexual assault or gang rape. Period.” [….]
That bill, S.10632/A.101, would expand New York’s sexual assault law in cases where a person becomes incapable of consenting after voluntarily consuming alcohol or drugs.
Under the proposal, prosecutors could establish a lack of consent based on a person’s level of impairment, while also having to show that the person accused of the assault knew or reasonably should have known the other person was unable to consent.
The measure passed the state Senate but remains in an Assembly committee. Bronx Assembly Member Jeffrey Dinowitz, one of the bill’s sponsors, joined Bronx District Attorney Darcel Clark and other advocates Thursday to push for its passage in response to the Cornell case.
In direct and sometimes furious remarks, Gov. Kathy Hochul of New York on Friday questioned how Cornell University’s police department and the local district attorney handled sexual assault allegations made by a student who said she was raped at a fraternity house in 2024.
Ms. Hochul was speaking at a news conference in Manhattan on Friday morning, alongside the state attorney general, Letitia James, whom the governor has appointed to oversee the investigation into the allegations.
Yellow Cat, by Didier Lourenço
Ms. Hochul said she was concerned to learn that the student, identified as Jane Doe, had given an interview to the campus police about the episode that included an unequivocal statement that she had been raped. That language was missing in the condensed statement that was shared with the district attorney’s office in Tompkins County, N.Y., which decided not to file criminal charges.
“In what world would the police learn from the victim that she had literally been gang-raped” and not elevate those allegations to the district attorney, Ms. Hochul said.
A lawsuit filed by the student two weeks ago has reignited a national conversation about the persistent issue of sexual assault on college campuses. It has also plunged one of the country’s elite universities into crisis. Cornell’s campus newspaper, elected officials and celebrities have questioned how the case was initially handled by the district attorney and the university.
“When the Tompkins County district attorney announced that he was reopening the case, he pointed to Jane Doe’s statement that said it did not establish that a crime had occurred,” Ms. Hochul said. “But new reporting raises serious questions about the information his office relied upon when it made that decision.”
The district attorney, Matthew Van Houten, said in a statement after the news conference that he supported the appointment of Ms. James and that his office would cooperate fully with hers.
“It has become clear that we were not provided the full picture by the university,” he said. “The focus has been and should continue to be on the victims.”
You can use the gift link to read the rest if you’re interested.
The Tompkins County district attorney said recently that the evidence he reviewed in 2024 made it impossible for him to bring charges in the Cornell University rape inquiry.
But records obtained by The New York Times show that the same district attorney’s office declined to review any additional evidence gathered by the campus police department beyond a six-page statement signed by the former student, now known as Jane Doe.
Cat And His Man, by Lena Ru
The decision not to review the additional evidence has not been previously reported.
On Nov. 25, 2024, a Cornell police investigator, Jeffrey Northrop, spoke to a member of the district attorney’s staff, Jeff Huddle, about additional interviews the police had done, the records show.
Prosecutors did not express interest, saying they agreed that based on the woman’s statement, “criminal charges would not be pursued in this case,” Mr. Northrop wrote in a note documenting their call.
By that point, the police had conducted numerous interviews, reviewed chat messages, logged anonymous tips, reached out to lawyers for some of the accused men and spoken to at least two others, the records show.
Sometimes a story is so so appalling, it captures the public’s attention, including the attention of people who don’t focus on the issue otherwise. Such is the case with the alleged 2024 gang rape at Cornell University.
For feminists who focus on violence against women or anyone who has ever cared about campus rape, the claims made in Jane Doe’s civil lawsuit against the alleged perpetrators may be unusual in its severity – but we know the statistics that show that somewhere between 20% and 25% of women college students will be the victim of a sexual assault (no statistics tell us what percentage of men students will be rapists).
This makes the public outcry to punish seven male students miss the point, which is that there are tens of thousands of campus rape stories, few of which make the news.
We know that nearly every campus in the US has a plethora of rape victims and rapists. We also know how it often happens. The Johns Hopkins University “student well-being” blog summarizes a key aspect:
“The ‘Red Zone’ is a period of time that lasts from the start of the fall semester through Thanksgiving break when the majority of sexual assault occurs on college campuses … It’s a six-to-10-week time frame when many students are going to parties, gatherings, and other social events to celebrate their return to campus. Data shows that over 50% of sexual assaults that occur on college campuses occur during this time. New students can be especially vulnerable during this period, due to their unfamiliarity with the campus, new social experiences, and the resources available to survivors.”
We know that the Greek system that sets the rules for most sororities and fraternities does not permit alcohol at sororities, which makes fraternities the hosts of the alcohol-saturated parties, which sends young women into enemy territory, which is where they are sometimes manipulated to get them drunk and stranded and abused.
The Hopkins blog notes: “Alcohol is the tool that is most commonly used by perpetrators in cases of sexual assault … A person who is incapacitated by drugs or alcohol is not able to consent.” We know that fraternities often make the news for their excesses and abuses, including sometimes-harmful-to-fatal hazing of their own potential members.
We know the Cornell student newspaper editorial that brought this case to light declares that 15% of all students there have experienced “nonconsensual sexual contact” and a disproportionate fifth of those incidents took place at fraternities.
Painting by Serbian artist Vladimir Dunjić
Solnit notes that the Trump administration is making campus rapes even less likely to be punished.
The non-profit organization Human Rights Campaign reports that the Department of Education just rescinded a Biden-era Title IX rule: “Specifically, this move puts back in place rules for colleges and universities from the first Trump administration that suppress the voices of survivors of rape and sexual assault and make it easier for their perpetrators to get away with their actions.” It also affects LGBTQ+ students.
The Trump administration appears comfortable in the company of alleged perpetrators. Last year, it intervened on behalf of Andrew Tate, who is charged with several counts of rape, trafficking and assault against women. This past week, administration members selected Russell Brand, likewise awaiting trial on multiple charges of sexual assault, to co-moderate a panel at a Maha conference on 29 September, and then there’s Trump, who has been held liable for sex abuse, and the allegations against the defense secretary, Pete Hegseth. (All of the men deny wrongdoing.) [….]
Sexual assault arises in part through both the entitlement and the desire to abuse and dehumanize women, which is in part about definitions of both masculinity and femininity: masculinity in that domination, violation and degradation are seen as status-enhancing, femininity in the perception that women’s bodies are for men to use, women’s voices and rights to be ignored.
I’ve quoted too much, but there’s still more to read at The Guardian link.
Donald Trump used a racist nickname to refer to Cornell 7 investigator Letitia James as he admitted feeling ‘badly’ for the accused rapists.
Sick boy with a cat, by John Bowen (Welsh, 1914-2006)
The US president called the New York attorney general ‘Peekaboo’ James, branding her ‘corrupt’ after she was appointed to probe the case.
‘Why would the Governor of New York, Kathy Hochul, appoint a Corrupt Prosecutor, Letitia “Peekaboo” James, to represent the State in the highly controversial Cornell University rape case?’, he wrote on his Truth Social platform.
Trump had previously told the press he believed Cornell University was a ‘fine school’ that would do ‘what’s right’ in response to the allegations that seven of its fraternity members had drugged and gang-raped a female student for hours at a house party.
But he told reporters that he felt for the seven alleged rapists, insisting they ‘wouldn’t get a fair hearing’ with James in charge.
He said: ‘Letitia James is a corrupt person. She’s totally corrupt and I can’t imagine it. I feel badly for whoever she’s looking at because they won’t get a fair shake.’
Quiet, Piggy.
You’ve probably heard about the horrible failed execution in Tennessee.
Christa Pike was unconscious, intubated and on a ventilator in a Nashville hospital a day after surviving a botched execution attempt, her lawyers said in a court filing, raising questions about whether the state could legally try to execute her again.
As of Thursday evening, Ms. Pike, 50, was critically ill, they wrote in the Friday filing in Davidson County Chancery Court, and both of her arms were swollen, burned and blistered when she arrived at the hospital.
Her condition sets the stage for an unprecedented ethical and legal quagmire: A future attempt to execute Ms. Pike could hinge on whether she is determined to be capable of what the Supreme Court has described as a “rational understanding” of the reason she is to be put to death.
And although Gov. Bill Lee has paused executions for now, the front-runner to be elected governor next month, Republican Senator Marsha Blackburn, said that she would try again to execute Ms. Pike, who was convicted of the 1995 murder of a classmate….
Friday’s disclosure about Ms. Pike’s condition is the most detailed update since she survived two rounds of pentobarbital, the drug used as part of Tennessee’s lethal injection protocol, on Wednesday evening. But it also underscored the legal and medical complexities that lie ahead for Ms. Pike, her lawyers, the doctors and nurses treating her, and her loved ones.
“Hospital staff are working to save Ms. Pike’s life and to clear the pentobarbital from her system,” the lawyers wrote in an emergency court filing. In a separate statement, they said she was also receiving treatment for “significant injuries to both arms.”
In a statement, Luke Ihnen, who represents Ms. Pike through the Federal Defender Services of Eastern Tennessee, said that “we are working closely with those closest to Christa to respect her wishes, safeguard her privacy and protect her rights as a patient during this extraordinarily difficult time.”
In my opinion, the death penalty is cruel and unusual punishment and should be abolished.
Tennessee’s prison chief is under fire and resigning after the failed execution of Christa Pike, which lawyers say was the fifth “botched” execution under his leadership across two states since 2022.
Willem den Ouden, Ferry with cat
Frank Strada, the commissioner of the Tennessee department of correction, has faced mounting questions about the state’s highly secretive death penalty protocols since Wednesday evening when Pike became the first death row prisoner in the US to to be injected with lethal drugs and survive.
Witnesses said Pike, 50, was heard choking and struggling an hour after receiving the first injection of pentobarbital, a sedative, and after a second dose failed to kill her she was hospitalized in critical condition.
The scrutiny on Strada comes as Pike’s failed execution has sparked international outrage, with lawyers and advocates calling for a national halt on executions in the US. Pike’s lawyers have called the process “cruel and torturous”, and one death penalty expert said it was the worst botched execution in modern history.
Bill Lee, Tennessee’s Republican governor, on Saturday announced that Strada would step down from his role this month, the Associated Press reported. Lee also suspended executions in the state until the end of the year and ordered an independent inquiry.
Read more at The Guardian link.
Trump’s taxpayer-paid ads are coming fast and furiously.
The Trump administration has created at least 13 campaign-style ads as part of its controversial taxpayer-funded, multi-million-dollar effort to promote President Donald Trump and his policies.
Yet-to-be-aired spots include a trio of ads highlighting the US military and operations in Iran and Venezuela, one called “God Made Trump” and another recapping the UFC fight he hosted at the White House. Republicans and Democrats alike have questioned the wisdom of spending so much taxpayer money on the ads, which the White House has defended as public service announcements.
CNN has obtained clips of 12 ads, which range from 15 seconds to three minutes long, including two that have already aired. They appear in a Dropbox account — which was shared with CNN — run by LMD, the agency that has been given the government contract for the ad buys. Each ends with “Paid for by the U.S. Government” at the bottom of the screen. Another ad that is not in the Dropbox account, “Final Battle,” has also aired in recent weeks.
The three ads that have already aired have appeared on TV networks including CBS, CNN, MS NOW, Fox News and Fox. It’s not clear if all of the ads will air on television or digital platforms.
Asked for comment, the White House on Friday afternoon pointed to a just-posted video compilation of the president criticizing CNN.
Henry Sturgis Drinker with cat, by Cecilia Beaux, 1898
While each of the ads has a different theme, many of them include imagery of the president and audio with positive reviews from news reports, which is likely to intensify criticism that the campaign is using taxpayer dollars to help Trump personally. They also include patriotic images — including the cap toss at a military graduation, fireworks over Mount Rushmore and military flyovers.
First lady Melania Trump, who has been a rare presence at the White House during the president’s second term, is featured in many of the ads. There are also images from Trump’s reciprocal tariff announcement, the border wall, his escalator presidential-campaign announcement and the tongue-in-cheek framed photograph of an auto pen signifying former President Joe Biden on Trump’s “Presidential Walk of Fame.”
CNN previously reported that Trump has personally driven the video ads, including helping select the imagery and videos used, according to a source familiar with the matter. Two Trump advisers familiar with the ads said that they were being created in-house by the White House video team — which is part of the communications team, responsible for the administration’s public messaging — though at least one of them was produced by a pro-Trump meme group.
President Trump personally instructed his budget director to use taxpayer money for TV ads praising him and his presidency, setting in motion a $20 million contract that used funds from the Department of Homeland Security, according to people familiar with the matter.
The ads have run across cable and network television — on Fox News, CNN and MS Now, with football games on Fox and with national newscasts on CBS, ABC and NBC, including “Meet the Press,” which Mr. Trump is known to watch.
Lady in Pink Dress, by Barbara Perrine Chu
Mr. Trump was eager to see the laudatory ads on the air and told Russell T. Vought, the director of the Office of Management and Budget, to come up with the money from within the government, the people said. Mark Paoletta, the budget office’s counsel, and Will Scharf, the White House counsel, both said it would be legal to use D.H.S. funds. The president and Susie Wiles, the White House chief of staff, both spoke with Markwayne Mullin, the homeland security secretary, about the ads.
On Sept. 20, U.S. Customs and Border Protection — which falls under D.H.S. — awarded the contract to LMD, a Maryland marketing firm, federal records show….
The taxpayer-funded ads have been criticized by Democrats and even some Republicans as a possible violation of federal laws against using taxpayer dollars for “publicity or propaganda purposes.” And they come as the president is also directing spending from his super PAC — MAGA Inc., which entered the fall with $400 million — for which he has been raising money since he won re-election in 2024.
It was not clear why taxpayer funds, and not money from the super PAC, were used for the spots.
The White House has called the ads public service announcements and said they are appropriate because there is no “call to action” to vote for any candidate. Some of his aides also noted that Mr. Trump is not running for office now, in an attempt to blunt criticism of the ads as violating federal laws about the use of public money.
When pressed by a reporter on Wednesday, Mr. Trump said: “If somebody said that that’s wrong, I’ll gladly pay the money.”
Yeah, right.
Those are the stories that interested me today. What do you think? What else is on your mind?
Did you like this post? Please share it with your friends:
“I can see why Chuck Grassley likes the Junior Trumplican Senator from Missouri being on his committee.” John Buss, @repeat1968
Good Day, Sky Dancers!
I’m struggling a little, so this may be short. My dear cat Dinah, 15 years old, has been getting frail since about September. I’ve been taking her to the vet and the emergency vet for a few months, and there’s been nothing solid to go on other than that she’s a geriatric cat. This last week has been different. I need to get her to the Vet again this afternoon, and I’m already exhausted from a midnight trip to the ER on Wednesday. Bear with me.
Watching Senator John Neely Kennedy of LA back as a theatrical idiot has been interesting. He’s an Oxford graduate who has cooked up some kind of swampbilly act to get elected to seats in the Republican party. He is such an embarrassment. That is what you have to do these days to get money and votes in what used to be the Party of Lincoln. The entire Republican Party has become a club of rich, endlessly greedy, insane, no-nothings. They’ve always had that element, but dark money has completely empowered them to get elected, do their will, and entertain their right-wing bigots. Once the ruling class decided they could put idiots in the presidency like Reagan and Dubya and just take what they want, that was it. The next thing was putting idiots on SCOTUS to twist the laws that used to contain them. Now they’re focused on no more serious Republicans in governance at all.
Senator John Kennedy of Louisiana told former special counsel Jack Smith that he made him "want to throw up in my mouth"@anntelnaes.bsky.social (archives 1/5/21)
My reply to this is and will always be that all Senator John Neely Kennedy does any more is throw-up in his mouth. That’s because he knows in his brain what he’s doing where most of the Senators are there because they have no clue and vote the way their corporate overlords demand. The money and insanity of figures like Elon Musk have set the ideal of a two-party system off track. I honestly don’t think it’s retrievable at this point. Their local political loons love the money and power. I can attest that Senator John Neely Kennedy was once a serious person. I don’t have the psychology chops to figure out exactly what species of loons he’s morphed into.
Case in point fromTalking Points Memotoday. “Chris Rufo — Known For ‘DEI’ and ‘CRT’ Panics — Tries to Make ‘the Indian Question’ a Thing
Rufo often gets treated as a “respectable” conservative. His latest podcast episode — framing Indian-Americans as a problem in need of solving — is more evidence that he shouldn’t be.” I cannot even fathom what kind of perverted brain had to come up with this. Christopher Mathias has the story.
To the degree that a “respectable” or “moderate” right exists today in America, Christopher Rufo is considered part of it. He is a senior fellow at the Manhattan Institute, the tony midtown think tank that holds black-tie galas; he recently enjoyed a polite sit-down interview with Ezra Klein on Klein’s massively popular New York Times podcast; and he has over 120,000 subscribers on Substack, a publishing platform whose owners have celebrated Rufo as one of their “best” political writers who readers can “trust.”
This veneer of legitimacy has helped Rufo mainstream an arguably fascist agenda. The 42 year old, after all, largely masterminded the destructive, racist moral panics targeting “Critical Race Theory” and “Diversity, Equity and Inclusion” (DEI) programs. He helped spearhead the spurious attack on “gender ideology” in public schools, smearing queer-supportive educators as “groomers.” He helped foment conspiracy theories about fraud at Somali daycare centers in Minneapolis, providing the pretext for ICE’s deadly incursion into the city. And he played a central role in spreading the ugly lie that Haitian immigrants in Springfield, Ohio were stealing and eating people’s pets.
He’s been up front about how he approaches these propaganda campaigns — and how to get those in power to act upon them. “You have to be very aggressive,” he explained once in a speech at Hillsdale College, a conservative Christian liberal arts school where he is a Distinguished Fellow. “You have to fight on terms that you define. You have to create your own frame, your own language. And you have to be ruthless and brutal in pursuit of something good.”
This past weekend Rufo introduced an alarming new term that feels like an escalation, even for him: the “Indian Question” — that is, what to do about the very existence of Indian people, citizens and noncitizens alike, in America? Rufo’s new phrase formed the title of the latest episode of “Rufo & Lomez,” the BlazeTV podcast he co-hosts with Jonathan Keeperman, a lesser known and less “respectable” proprietor of white nationalist talking points, who previously plied his trade anonymously, from behind the pseudonym “Lomez,” until he was unmasked in a 2024 Guardian exposé.
The prompt for this discussion of the “Indian Question” was a viral, racist post by Bo French, the GOP candidate for Texas Railroad Commissioner. “I heard UT graduation this year looked like this. I didn’t believe it,” French wrote on X earlier this month, posting a photo of largely south Asian college students cheering on the University of Texas football team. “The problem is now obviously far worse than anyone imagined.” In a follow up post, French made the barely concealed subtext of his message more explicit: “Like body-cams exposed criminals, social media is exposing how many Americans have been displaced by foreigners,” he wrote.
As TPM’s Josh Kovensky noted, French’s tweet — an articulation of the white supremacist “Great Replacement” conspiracy theory — roiled the right, eliciting some rare, if tepid, denunciations from prominent Republican officials in Texas, and exposing faultlines in the GOP’s coalition over the exact boundaries of MAGA’s ethnonationalism. Are some non-white ethnicities more allowed than others? Are some immigrant groups more prone to being “assimilated” into white, Christian culture?
Keeperman and Rufo’s “Indian Question” episode amounts to an hour-long defense of French’s post. Keeperman offered a tortured tautology about why the south Asian college kids cheering a comeback victory for the Longhorns — some of whom were wearing cowboy hats and throwing up the “Hook ‘em Horns” hand sign — were not properly “assimilated” into American culture: because he said so.
“Successful assimilation is precisely that you wouldn’t notice it, we wouldn’t have anything to talk about,” he said. “The mere fact of us being able to notice that, no, this is not an assimilated group, this is just a bunch of Indians at the game, is itself sort of definitionally the case that they’re not yet assimilated.”
I know I overshared this article but this is exactly what I mean. It also hits home since I, like many others, have spent all of my natural born years on what used to be Indian Territory. I was born in the Cherokee Strip of Oklahoma and spent most of my life in the land of the various Sioux Tribes. Because, my mother knew how horribly our indigenous were treated, she made sure I travelled with her around the states learning as much as possible about Native History.
I am appalled this kind of thing still exists in this century. But then, we’re seeing so many policies thrown around by Republicans that should remain in American History book only, I’ve just about had it with them all. It’s what it ever was. It’s your basic land and natural resources grab. We’re seeing that with AI datacenters now. That’s the only change as they just suddenly exist as something necessary.
Of course, so-called Culture Wars issues are the last resort of mucking up their base since so many of them completely belong in other time periods or planets maybe. This is from The Atlantic. “The GOP’s Culture-War Hail Mary. Will it work?” Elaine Godfrey has the lede.
Last week, as the war with Iran dragged into its seventh month, gas prices shot up to an average of $4.50 a gallon, and polling showed President Trump about twice as far underwater with American voters as he was at this point in 2018, Republican senators determined that the time had come to discuss something else entirely: youth sports. “Girls’ sports are for girls. Boys’ sports are for boys,” Senator Marsha Blackburn said in a news conference.
With 32 days to go until the midterm elections, Republicans’ closing strategy is obvious: They’re going all-in on trans. (It seems to have worked for them before, after all. More on that in a minute.) In Texas, Republicans are running an unsettling AI-generated ad that shows the Democratic Senate candidate James Talarico dressed as Maria von Trapp and singing about girls with mustaches. A spot in Iowa accuses the Senate candidate Josh Turek of supporting “sex changes for kids.” On X, former Representative Matt Gaetz offered a tidy summary of his party’s agenda: “I hate the war too,” he told a concerned voter. “But the Democrats want to trans your kids.”
Partly, this is because Republicans don’t have much else to say. The administration’s immigration-enforcement strategy isn’t exactly popular. Voters have lost faith in the GOP on economic issues. Meanwhile, the president is obsessing over Corinthian columns. But Republicans also have some reason to believe that making trans happen is a useful strategy: It’s helped them before.
Will these kinds of things really cover up headlines like this one from the AP? Are their people out there really that stupid to not recognize their lives are getting worse. I certainly see it daily whenever I have to buy groceries. Price increases aren’t even subtle. “US hiring slows and unemployment ticks higher with a month remaining before Americans head to polls.” How much more convincing does anyone need? Paul Wiseman has the analysis.
U.S. employers added a disappointing 29,000 jobs and the unemployment rate ticked up last month, the government reported Friday, a month before voters go to the polls in pivotal midterm elections at a time of discontent over the high cost of living and the state of the economy.
Hiring dropped from a revised 133,000 in August, the Labor Department said. The unemployment rate rose to a still-low 4.2% from 4.1% in August.
Economists had expected September payrolls to come in around 90,000.
Labor Department revisions also shaved 60,000 jobs off combined July and August payrolls.
The new hiring data could draw the Federal Reserve’s attention back to hiring and jobs, given that one of the central bank’s two mandates is to seek maximum employment. Many Fed officials have said in recent weeks that they are primarily focused on their other mission, which is combating inflation. With the job market looking a bit weaker, the Fed may be more inclined to keep its key rate unchanged when it meets next month, rather than raise it.
Well, none of that’s going to the inflation problem, that’s for sure.
Anyway, I’ve plagued you with bad news long enough. I’m going back to more important thing like my cat and watching my garden grow. Please do everything you can to go vote and get others to do so too so we can start seeing if and how these problems can be solved reasonably.
What’s on your Reading, Action, and Blogging list today?
Did you like this post? Please share it with your friends:
I’ve been reading the latest news on the Cornell gang rape case. I just want to say up front that my personal opinion is that if a person is very intoxicated, they can’t consent to sex. If they say no at any point during sexual activity, the activity should stop. If a person agrees to sex with one or even two people, that does not give permission to others to join in. People who have been raped tend to be in shock afterward and tend to feel shame about what happened; therefore, they may not report the rape immediately.
The latest reports about the case are somewhat complicated. First, the woman who reported the rape admitted that she agreed to have sex with a friend and another man before the situation escalated. She said she was “heavily intoxicated” before any of this happened. She has evidence that one of the men sent text messages to his frat bros advertising “free pussy.”
Unfortunately, New York rape laws are shockingly out of date. Basically, the law assumes that if the victim voluntarily took drugs or alcohol, unless there is physical force, unless they specifically say “no,” or if they are unconscious, they are assumed to be able to consent, and it’s just too bad if a bunch of people had sex with them against their will.
It’s a complex story. I’m going to share the latest articles about the case, and you can draw your own conclusions.
A Cornell University sexual assault allegation has reignited intense political backlash over a controversial New York rape law that legal experts and victim advocates argue shields abusers when victims voluntarily consume alcohol or drugs.
The outcry follows a decision by Tompkins County District Attorney Matthew Van Houten not to pursue criminal charges in a civil lawsuit involving a woman who alleges she was gang-raped at a Cornell fraternity house in 2024.
Matthew Van Houten, district attorney for Tompkins County, N.Y., said some new evidence is emerging in an allegation of rape at Cornell University.Credit…Tompkins County District Attorney’s Office
Defending his office’s choice, Van Houten pointed directly to New York’s statutory definition of rape, explaining that under state law, prosecutors must prove physical force, an explicit refusal, or that the victim was rendered “physically helpless” through unconsciousness or involuntary drugging. Because the victim voluntarily drank alcohol before the assault and was conscious, the prosecutor stated that criminal charges could not be supported.
The decision has thrust New York’s “voluntary intoxication loophole” back into the spotlight. Under current state statutes, prosecutors face massive legal hurdles when trying to convict individuals who engage in sexual acts with someone so heavily intoxicated that they cannot meaningfully give consent, provided the victim drank or took drugs voluntarily.
Anti-sexual violence organizations and state lawmakers slammed the statute as outdated and harmful. Stefan Turkheimer, vice president of public policy for RAINN, labeled the legal standard “straight-up victim blaming,” warning that it deters victims from coming forward and prevents prosecutors from pursuing cases involving severe incapacitation.
Efforts by state lawmakers to close the loophole have repeatedly stalled in the legislature, leaving New York as one of a dwindling number of states where voluntary intoxication cannot be used to prove incapacitation in rape cases.
There’s much more information at The Independent link.
Nineteen states have rape or sexual assault laws that consider intoxicated victims to be mentally incapacitated only if they became drunk or drugged without their knowledge or consent. In 25 other states and Washington, D.C., whether the victim became intoxicated voluntarily or involuntarily isn’t a factor. Six states do not define that in state law.
CNN affiliate WCBS and ABC News reported they have obtained documents that detail comments made by Doe to investigators regarding the night of October 19, 2024, when she was allegedly assaulted by multiple members of the school’s Chi Phi fraternity….
The attacks were alleged to have taken place at the Chi Phi fraternity house at Cornell University in Ithaca, New York
The revelations raise new questions as to why law enforcement did not file criminal charges at the time of the incident and what the district attorney’s office was aware of regarding the assault allegations, as calls grow for answers in light of Doe’s civil lawsuit filed this month….
WCBS reports it obtained a transcript of Doe’s interview with Cornell University police in November 2024, weeks after the alleged rape, and ABC News reports it obtained a six-page written statement signed by Doe to Cornell University Police at the time.
Doe described to Cornell police that she was heavily intoxicated on the night of the alleged rape, according to the WCBS and ABC reports, citing documents.
The transcripts detail how she told police she was “pretty OK” with the initial sexual activity but did not consent to what occurred later in the night, according to WCBS.
In the statement, Doe said she consented to some sexual acts but repeatedly refused some, including a foursome proposed by one of the fraternity brothers, according to ABC. She described thinking that if she passed out and the men had sex with her, they could be charged with “rape,” the only reference of rape mentioned in the document, ABC reported.
In transcripts with police, Doe also described being physically hit, according to WCBS.
She reportedly spoke to Cornell police on November 14 and 15, more than three weeks after the alleged gang rape. A campus police investigator led the questioning, with a Title IX investigator, a victim advocate, and Doe’s adviser also reportedly in the room for the first day of the interview, WCBS reported. CNN has reached out to Doe’s attorney.
On the DA’s claims:
In a statement to CNN, Van Houten said his office was not provided the transcript and “will be investigating this fully and determining the truth.”
“I will be looking into whether this is true and the specific circumstances of this allegation. I was not provided the transcript and the specific statement that has been attributed to Doe was not included in the written statement that I received from Cornell PD,” he told CNN.
When asked about Van Houten’s response to the reports, a spokesperson for Cornell said: “The Cornell University Police Department investigated the matter in 2024 and shared all investigatory information with the Tompkins County District Attorney’s Office, which is the established protocol if the department believes it is possible a crime has occurred,” repeating a statement made in an FAQs post the university released Tuesday night.
Again, there’s much more information at the link. You might need to clear your cache to get past the paywall.
A New York prosecutor said that he hoped to speak with a former Cornell University student as soon as possible “to discuss new evidence that exists” about her claims that she was sexually assaulted in 2024.
Matthew Van Houten, the Tompkins County district attorney, said in an interview that it wasn’t “even a close call” when he decided not to bring charges against members of a Cornell fraternity in 2024, when the accuser, known as Jane Doe, reported to the police that she had been sexually assaulted by several men.
One in five women in the United States experienced completed or attempted rape during their lifetime. National Ssexual Violence Research Center
Mr. Van Houten acknowledged that the woman’s account had been credible and “very specific” and “very detailed.” But he added that even though “everybody across the world agrees that what happened was wrong, it was morally wrong, it was disgusting,” the allegations made by the woman at the time did not rise to a crime under state law.
“And my job is to evaluate the evidence based on the law, and the law alone, and not emotion, not social media,” Mr. Van Houten said. “And not public sentiment.”
He said a lawsuit that the woman filed earlier this month against Cornell University, seven men, a fraternity and her sorority still did not provide the facts that could support a criminal case under the law. But he added, “The significance of it means that she believes that crimes were committed, and we want to get to the bottom of that.”
Late on Tuesday, he said he had been provided with new evidence that his office would review to determine if her case could now be taken to a grand jury. Mr. Van Houten said he would reach out again to her lawyer on Wednesday to request a meeting with her. He did not provide any details about the nature of the evidence.
The woman’s lawsuit put a sudden, harsh spotlight on Mr. Van Houten’s small office in upstate Ithaca, N.Y. The campus newspaper, celebrities and politicians raised questions about whether the case had been handled properly in 2024, renewing the discourse around the persistent issue of sexual assaults on college campuses.
Thomas Giuffra, who represents Jane Doe, said on Tuesday that while he will cooperate with the investigation, Mr. Van Houten’s recent statements have left him skeptical.
“I’m a little concerned that his endgame is to do this halfhearted attempt to present this case at the grand jury, to just prove he believed what he thinks he was right in the first place,” he said. “Which is just frightening when you think about it.”
Excerpts of text messages reportedly exchanged by a defendant in the Cornell University gang-rape case and the woman who claims she was assaulted were published by CBS News on Tuesday, a day after New York prosecutors said they were reopening a criminal investigation.
The texts were reportedly sent within days of the alleged October 2024 assault at a campus fraternity house in which a female student said she was drugged and repeatedly raped over the course of seven hours by multiple men who were alerted to her presence on the social media platform Snapchat….
In one of the messages, screenshots of which were obtained by CBS New York, the unnamed male defendant appears to apologize to the woman for “how things went down” – and said his memory of events two nights previously was “kinda fuzzy”.
He said he and another male who was present regretted that they were too intoxicated to “shut it down and kick people out before it got way out of hand”.
In reply, the woman, who was 20 at the time of the alleged assault, and has since left Cornell, said her memory was “super clouded too” and that they were all intoxicated.
According to CBS, she also wrote: “non[e] of the sexual stuff was illegal”, and stated that she liked being with him and another man. Later, she suggested they smoke together again, “but like leave out the extra 5 billion men and ketamine”.
From the DA:
On Monday, Matthew Van Houten, the Tompkins county, New York, district attorney – whose office’s jurisdiction includes Cornell – said he had reopened the dormant investigation into the case. He said his office did that in light of allegations that he said were “dramatically different” from those originally made by the alleged victim.
He also issued a statement defending his initial decision not to seek charges.
“Jane Doe’s sworn statement in November of 2024 did not allege that she was drugged against her will or gang raped,” Van Houten said.
“On the contrary, [her] statement described her participation in drug use and sexual conduct as voluntary, conscious, and consensual.
Jane Doe’s attorney:
Attorney Thomas Giuffra
Attorney Thomas Giuffra, who represents the woman, confirmed to CBS that his client – named Jane Doe in court documents – exchanged text messages with one defendant after the alleged assault. But Giuffra said he could not be certain the screenshots that CBS News saw were authentic.
Giuffra, according to CBS, said Doe was in denial and traumatized afterwards, had been intoxicated to the point of incapacity that night, and was trying to find out what happened.
He said she felt as if she would not take an aggressive tone with this particular defendant if she wanted answers.
The alleged details of this case are wrenching and sickening: A young woman went to a fraternity party to meet a guy she thought was her friend. They danced and drank, and, according to her statement to police, the first man asked Jane Doe if she would have a threesome with him and another friend; she said she agreed largely because she wanted to please the first guy. But then other guys entered the room; Jane Doe reports hiding under the covers and pushing various men’s hands away as they grabbed at her. She says the men offered her ketamine, and she took it, and as the night progressed she became extremely intoxicated, and other men had sex with her. Not mentioned in the police report but highlighted in the lawsuit is that some of the men were on Snapchat, sending messages about there being “free pussy” available and inviting other men to come over and join in.
Cornell rape “free pussy” text message
It’s that last fact—the Snapchat messages—that has most infuriated much of the public. And it should. It should be at the center of the conversation about sexual violence, consent, and male entitlement to women’s bodies. And as much as the public’s understanding of sexual violence has grown more sophisticated in the wake of various waves of the feminist movement and the gains made by #MeToo, the truth is that we are still abysmal when it comes to understanding, let alone publicly discussing, the ways in which sex, power, and male violence intersect.
The Cornell case is a complex one, which makes it all the more difficult to traverse—to go beyond the legalese and actually talk about what we’re talking about. The demands for criminal prosecution have grown so loud that, in an unusual move, the district attorney published a letter explaining why he didn’t bring those charges in the first place. New York’s rape law is narrow: Sex with a person who is extremely intoxicated but conscious doesn’t count as rape if the alleged victim voluntarily drank or took drugs (as opposed to being secretly drugged or forced to drink). According to the DA, “Jane Doe’s statement described her participation in drug use and sexual conduct as voluntary, conscious, and consensual.” He then published part of the statement signed by Jane Doe.
Whether that statement truly captures an interaction that was “voluntary, conscious, and consensual” seems less clear to me than it does to prosecutors. One also wonders why Jane Doe brought herself to the police station in the first place if all she had to report was voluntary, conscious, and consensual group sex—most people don’t have great fun consensual sex and then report it to the cops. In any case, it seems clear that New York’s sexual assault law was one barrier to prosecution; the police’s interpretation of Jane Doe’s allegations was another. Perhaps a fresh set of prosecutorial eyes will come to a different conclusion; perhaps a grand jury will decide an indictment is warranted; perhaps a jury will convict, or not. All we know is that right now, prosecutors are revisiting the case, and it has sparked national outrage.
Filipovic has concerns about the student newspaper printing the names of the accused rapists:
This time, though, there is a novel element at play. Several individuals and Cornell’s student newspaper have named the seven accused men; a former South Park writer is building a website that he says will include “names, photographs, documents, messages, and other information related to the case.” In one telling, this is transparency in the service of accountability; in another, a name-and-shame campaign of dangerous vigilantism. This is fraught territory: Extralegal attempts at justice are rarely carried out fairly, let alone with due care, and they often do not end well. Our criminal justice system has rules and procedures in place to maintain the presumption of innocence and to require the kinds of factual reviews and legal deliberations that are not possible on Twitter or TikTok. But it’s also true that the criminal justice system is as imperfect as the people who created it and who sustain it, which is to say that it is vastly flawed—especially when it comes to the kinds of crimes that are overwhelmingly committed by men against women, especially when those crimes are sexual in nature, and especially when they are committed in private. The vast majority of rapists never go to jail. Women the world over have suffered through sex that is violent and forceful and been told that’s normal, and certainly not illegal. The fact that one interpretation of the laws of the state of New York suggests that a person can have sex with a woman who is profoundly incapacitated, but as long as she chose to drink and remains conscious, her body is fair game, well, that in itself demonstrates just how not neutral the law can be, and whose assumptions and preferences it tends to reflect.
The efforts to name the men and share information about the case speak to a truth felt deep in the bones of many women (and many men, too): that we can be abused and used as if we are little more than orifices for male power, bonding, and gratification, and then we are the ones who will shoulder the shame, the blame, and the consequences.
There is a great deal more discussion of the case at the Slate link.
Editors of The Cornell Daily Sun clustered around their computers late Monday night, getting ready to send out a letter from the editor. They looked bleary-eyed, and one reporter confessed she had skipped her class on Nietzsche that day.
These student journalists at Cornell University were pressing through a dizzying two weeks following the story of a student’s allegation that she was raped on campus in 2024.
The Cornell Daily Sun is independent of the university and has its offices off campus. Credit…Heather Ainsworth for The New York Times
The case had long had their attention; now it had burst into the national spotlight, and their high-risk decision to publish the names of the accused was being discussed not only in Cornell’s libraries and walkways but in the national media.
Back in November 2024, students at Cornell were shaken by an alert they received over email: “Crime ALERT: Sexual Assault,” the email read, referring to the case of a woman who told the Cornell police she had been assaulted at a fraternity house.
There was outrage on campus. Students threw eggs at the fraternity house, Chi Phi, that the woman named. The university convened a sexual assault task force, which compiled a series of recommendations for teaching students about consent and the processes for reporting assault. Then much of the campus attention moved on.
But Cereese Qusba, 22, a senior and reporter for The Sun, couldn’t shake her concerned curiosity about the case. She got in contact with Jane Doe, the plaintiff, and built a relationship with Ms. Doe and her lawyer. Ms. Qusba interviewed university administrators about their approach to disciplining students accused of assault.
Ms. Qusba made her obsessive dedication known to the student paper’s higher-ups. When a new editor in chief, Sophia Dasser, 20, took over the paper in early 2026, she immediately received a phone call from Ms. Qusba, who was studying abroad in Sydney, Australia.
“Sophia, I’m working on this story — I want it to be a focus of The Sun,” Ms. Dasser recalled hearing over the phone. She added, “The Sun never really let go.”
This month, when Jane Doe filed a lawsuit against the university, the fraternity and her sorority, Ms. Qusba was ready to hit publish on her investigation, which was 23 months in the making. “Cornell, Chi Phi Sued by Victim of Alleged Gang Rape, Drugging in 2024,” read the headline on her Sept. 18 story, which traced Jane Doe’s allegations in detail throughout the night that she said she was assaulted.
The Sun is the oldest continuously independent college daily paper in the country. Ms. Dasser, who speaks with a cool and quick precision, was adamant that she wanted the paper to dominate the story not just in its reporting, but in its editorial response. Why be financially independent, she wondered, if not to publish sharp-edged views of the biggest campus issues?
This was the sensibility that emboldened her, days later, when she decided to publish the names of the seven fraternity men named in the lawsuit on the paper’s front page and in a fiery editorial. It was a sensitive decision, she knew, given that the men were named in the suit but had not been criminally charged.
Use the gift link to read more if you’re interested.
I hope you’ll forgive me for using my entire post on the Cornell story. I have a bit of an obsession about violence against women in this country. It is so common that many people just accept that this is the way it has to be. Women and girls are raped and murdered in this country at an alarming rate. And, yes, men and boys are also raped and murdered. And sexual assault is rampant on college campuses. This needs to be recognized and dealt with. I hope this case will awaken some of our political leaders to act on the very real problem of violence against women in the U.S,
I welcome your comments on this and any other topic.
Did you like this post? Please share it with your friends:
The Sky Dancing banner headline uses a snippet from a work by artist Tashi Mannox called 'Rainbow Study'. The work is described as a" study of typical Tibetan rainbow clouds, that feature in Thanka painting, temple decoration and silk brocades". dakinikat was immediately drawn to the image when trying to find stylized Tibetan Clouds to represent Sky Dancing. It is probably because Tashi's practice is similar to her own. His updated take on the clouds that fill the collection of traditional thankas is quite special.
You can find his work at his website by clicking on his logo below. He is also a calligraphy artist that uses important vajrayana syllables. We encourage you to visit his on line studio.
Recent Comments