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For more than 40 percent of US presidents, the fraternity hall was an early stop on the road to the White House.

Fraternal organisations, more commonly known as fraternities or frats, have a long and storied history on college campuses in the United States.

One industry group, the North American Interfraternity Conference (NIC), represents 58 fraternities spread across 600 schools. It claims nearly 200,000 undergraduate students as active members and an alumni population of 4.2 million.

The draw for college-aged men is the promise of brotherhood, a bond that transcends keg parties and late-night revelry. Like sororities and other members-only student organisations, fraternities are often touted as pathways to personal, academic and professional success.

But critics argue that some fraternities have leveraged their exclusivity to encourage and normalise violence, dangling social acceptance as a reward for compliance.

“This isn’t [some sort of] a hobbyist club,” said anthropologist Aldo Cimino, a Kent State University professor who studies fraternity hazing. “It is the seriousness of the affiliation that has generated the intensity of these induction rituals.”

In recent weeks, one case has renewed debate over fraternity culture and whether the campus organisations use their exclusivity to shield bad behaviour.

In September, an anonymous woman known as Jane Doe filed a civil lawsuit against the Chi Phi fraternity at Cornell University and seven of its members, accusing them of gang raping her during a party on the night of October 19, 2024.

Doe’s sorority, Delta Delta Delta, and Cornell itself are among the co-defendants.

Her lawsuit raises questions about fraternity and sorority culture at US schools, collectively known as “Greek life” for the groups’ use of Greek lettering and symbols.

Upon her admission to Cornell, Doe argues she encountered a “glorified – yet materially false and misleading – facade” for Greek life.

“She arrived on a campus where the University actively promoted Greek membership as a ‘vital’ part of the campus community and endorsed these organizations as well-managed, worthy pathways to new friendships and improving one’s educational and professional opportunities,” the lawsuit said.

The complaint accuses the fraternities of instead perpetuating a pattern of sexual assault and abuse.

What are fraternities?

Now a multibillion-dollar industry, fraternities in the US trace their origins to men-only clubs established at some of the country’s oldest universities.

The tradition began at the College of William and Mary in 1776, when Phi Beta Kappa was founded as a secret society for debate and scholarly exchange.

Its adoption of the Greek alphabet, oath of secrecy, and arcane membership rites helped establish a blueprint for future fraternities and sororities. Often with houses of their own, fraternities eventually grew into informal extensions of the campus residential system.

Historian Nicholas Syrett wrote about the origins of such groups in his book The Company He Keeps: A History of White College Fraternities.

In an interview with Al Jazeera, he explained that fraternities have long embraced so-called masculine ideals. But those ideals have changed from generation to generation.

In the past, fraternities sought to position themselves in “opposition to boyhood” by embracing “independence, strength of character, handsomeness and loyalty”, Syrett explained.

But their modern iteration has shifted to include a greater emphasis on “athleticism, sexual success with women, and recklessness” as well as alpha-male posturing.

Syrett argues that the fraternity system’s cult of toughness reflects a wider matrix of gendered expectations and social hierarchies.

Early fraternity men, Syrett says, prized intellect and academic distinction, provided neither betrayed too much effort. But “this has largely taken a backseat in contemporary fraternities”, he explained.

“When [men] are initiated, they are taught that loyalty to the brotherhood is of the utmost importance,” Syrett said of fraternities today. “This leads to the keeping of all kinds of secrets, including things that are against the rules and/or the law.”

A mark of elite status

In the two and a half centuries since the first fraternities were formed, Greek life has expanded to include different races and identities outside of white men.

Some Greek groups have even eschewed the traditional gender divide altogether to better embrace transgender and non-binary members.

But fraternities and sororities overall tend to act as “microcosms of the larger society”, according to Elizabeth Allan, a professor at the University of Maine and director of its Hazing Prevention Research Lab, “with race, pretty privilege and economic segregation helping shape the system”.

“The [social] stratification that we see in the larger society is going to be reflected, in large part, in many of these organisations, unless they’re actively working to disrupt it,” she added.

Between membership dues and rent at fraternity chapter houses, Greek organisations can price out all but the more affluent students, according to Allan.

“Pretty privilege” – the social bias in favour of those deemed conventionally attractive – can add to the pressure, with sorority applicants in particular shelling out hundreds, if not thousands, of dollars for cosmetic treatments and outfits.

Experts say the sense of exclusivity that many fraternities and sororities cultivate is a powerful draw for incoming students, who see membership as a path to upward social mobility.

That perception is reinforced by the groups’ internal dynamics. Many sororities and fraternities encourage networking among members.

A 2021 Gallup survey commissioned by the NIC and the National Panhellenic Conference found that 42 percent of fraternity or sorority alumni said a fellow member had helped them find an internship or job.

Meanwhile, 51 percent of Greek members reported having a job waiting at graduation or found employment within two months. The rate was much lower among those who were not members of such fraternities or sororities, at 36 percent.

How hazing shapes fraternities

Critics often point to hazing rituals in particular as shaping a culture of violence at some fraternities and sororities.

Hazing is a process through which prospective Greek life members undergo humiliating and sometimes perilous tasks to secure admission.

The phenomenon is prohibited by law in most US states, though the definitions, penalties and scope of such laws vary. The consequences, however, can be deadly.

One of the earliest recorded deaths associated with fraternity hazing took place at Cornell in 1873.

At the time, a group of “pledges” – would-be fraternity members – were blindfolded and led far from campus at night, with instructions to make their way back on their own.

In the dark, one of the pledges, Mortimer M Leggett, and two fraternity members stumbled over a cliff and plunged into the gorge of Six Mile Creek. The two fraternity members survived. Leggett, however, did not.

Secret initiation rituals can forge an “informal psychological social contract in which members feel obligated to protect the organisation”, according to Pietro Sasso, who studies college student experience at Old Dominion University.

Some members may feel the need to rally around the fraternity even when “doing so conflicts with their personal values or responsibilities to others”, Sasso added.

“My research on fraternity cultures suggests that organisational socialisation can normalise behaviours that individuals might otherwise question, making the environment itself an important part of prevention,” he explained.

Inside Doe’s lawsuit against Chi Phi

Doe’s case cites some of the social pressures and incentives that lead young men and women to Greek life on campus.

“She was drawn to the sorority and its promises of sisterhood and lifelong friendships, the status it conferred on its members, and the community it provided on campus when she was over 1,000 miles away from home,” the lawsuit said of Doe.

But Doe said she joined Cornell’s Greek community without being fully aware of the pattern of sexual assault associated with the local fraternities.

During Doe’s first semester, in 2022, there were at least five reported cases of victims at Cornell being drugged, and two alleged cases of sexual assault. All of those cases, according to her lawsuit, took place at fraternities.

Two years later, on the night of the alleged gang rape, Doe claims she was pressured by fraternity members to take drugs like ketamine, marijuana and alcohol. After agreeing to a threesome, she said she found herself in a “room full of predatory, fraternity men” who raped her while she was incapacitated.

A photo of a group chat included in her lawsuit shows one Chi Phi member informing his fellow fraternity brothers that there was “free pussy” in an upstairs alumni room. A member of the chat replies, “I f***ing love chi phi.” Another chimes in, “Like you can walk in and whip it out.”

Several of the men have denied any wrongdoing.

But the case has sparked questions about whether the culture of Greek life contributes to a high rate of sexual assault in fraternities and sororities.

One 2021 survey published by the American Psychological Association tracked male students from high school through their second year of college. It found that fraternity members were 62 percent more likely to report sexual aggression during their first two years of college.

Separately, a 2009 study published in the journal Violence Against Women estimated that 29 percent of sorority members reported suffering sexual assault during college, roughly four times the rate of non-members.

Reforming Greek life

After the alleged gang rape in 2024, Cornell’s Chi Phi chapter was closed, and the fraternity remains barred from campus. Two male defendants in Doe’s lawsuit were expelled, while another two were suspended.

But some student activists say too little is being done to reform Greek life in the wake of Doe’s case. They want stronger measures to enforce accountability within private, members-only groups where secrecy often reigns.

CJ Barles, a junior at the University of California, Davis, is one of the students across the US organising protests in support of Doe. She told Al Jazeera she understands the appeal of the fraternity and sorority systems.

“Affiliated students say it looks good on their resume,” Barles explained. “They see it as a built-in cult, a seat at the table and a crew to call their own.”

But Barles said she has heard troubling reports. Some fraternities, she explained, hold parties “requiring every man” to arrive with several women in tow. That requirement says “a lot about the culture some of these spaces cultivate”, she added.

At a rally last week, Barles and other protesters called on the University of California system to implement new measures to hold fraternities accountable for sexual assault, including enshrining students’ right to withdraw consent during sexual encounters.

But Barles said she left feeling dumbstruck by the accounts of sexual violence shared by women on campus, many of whom spoke from personal experience.

“It’s unbelievably upsetting, the amount of stories I heard,” said Barles. The litany of grievances has fanned her scepticism of the Greek system: “I wouldn’t step within a mile of most of them.”

Student groups call for the abolition of Greek life and punitive action in wake of fraternity assault allegations.

Protesters in the United States have shattered a glass door at Cornell University’s main administrative headquarters and spray-painted messages on the building’s walls as backlash continues following allegations about a 2024 gang rape at a local fraternity.

In the early hours of Monday, the glass panes on an entrance door for the building, Day Hall, were smashed, leaving shards strewn across the floor.

Activists, outraged at the school’s handling of the case, also graffitied nearby walls with slogans like “At Cornell rapists are protected protesters are expelled” and “Smash the patriarchy”.

The predawn incident came ahead of a rally demanding “justice for survivors” by student groups on Monday.

Cornell spokesperson Kyle Kimball said Monday that the university was investigating the vandalism.

“We understand the frustration and strong emotions being expressed across our community,” Kimball said. “Those concerns deserve to be heard, but damaging property is not the answer.”

Cornell, a prominent Ivy League university in the state of New York, has been at the centre of a national firestorm over sexual violence on US campuses, after an anonymous student, Jane Doe, filed a civil lawsuit last month alleging a gang rape at the fraternity Chi Phi.

Her complaint accuses seven former students of perpetrating “heinous criminal sexual acts” against her during a fraternity party on the night of October 19, 2024, after she says she was pressured to drink and take the drug ketamine.

The fraternity, Cornell University and others are named as co-defendants in the suit. Lawyers for two of the former students have rejected claims that they participated in sexual assault.

The case has elicited outcry over how sexual assault is handled on campuses across the country.

At Monday’s demonstration, students demanded an overhaul of the university’s sexual assault complaint process, the termination of certain school officials and stricter disciplinary action against alleged abusers.

In a statement to the student news outlet The Cornell Daily Sun, student organisers wrote that they were calling for the “abolition” of the Interfraternity Council system on campus and the “expulsion/revocation of degrees for all Chi Phi members involved in the rape”.

They also demanded that Cornell’s Office of Student Conduct and Community Standards be replaced by a “democratic disciplinary system”. Monday’s protest, they added, was designed to draw attention to the systemic failures that allow sexual violence to occur.

“We wanted to ensure that Day Hall, the centre of Cornell’s administrative function, was not able to continue business as usual,” the students told the campus paper.

The alleged crime at the fraternity, they wrote, was part of a “rampant pattern of sexual assault perpetrated by members of Greek life at Cornell University and hundreds of other academic institutions throughout the country”.

Under pressure by New York Governor Kathy Hochul and Attorney General Letitia James, the university announced this week it would be appointing a law firm to conduct an independent internal review of how it initially handled the case.

A transcript, obtained by US media, shows that although no charges were filed, Doe told campus police at the time that she could “say with 100% confidence I was raped”.

Her lawsuit also alleges that Cornell “afforded” the accused fraternity members “the opportunity to mitigate their conduct by submitting essays” to the school. Two were later expelled, and another two were suspended.

Last month, a woman identified as Jane Doe filed a lawsuit against Cornell University, the fraternity Chi Phi and the seven fraternity members she accused of gang-raping her on the night of October 19, 2024.

Her allegations have triggered a nationwide reckoning in the United States over the prevalence of sexual assault on college campuses.

But the case has also reignited efforts to reform laws in the state of New York.

While the left-leaning state has long presented itself as a leader in women’s rights, advocates say sexual assault survivors still face pervasive legal barriers when they seek justice.

Erica Vladimer, a lawyer and founding director of Harassment-Free New York, a survivor-led nonprofit, told Al Jazeera that much of the legislation currently in the spotlight is the culmination of years, if not decades, of work.

“These are bills that we have been fighting for for years when sexual violence is not in the news,” Vladimer said.

She drew a line between the #MeToo movement, which began in 2017 as an online campaign to denounce sexual misconduct, and the current wave of outrage following Doe’s allegations.

“It speaks to the fact that the #MeToo movement is not dead. It is a movement, not a moment,” Vladimer said.

Already, leaders in Albany, the state capital, have signalled they would take action following the Cornell case.

On Wednesday, the New York Assembly announced it had formed a working group to examine the state’s sexual-assault laws and develop recommendations for the 2027 legislative session.

Still, advocates say more concrete measures are needed to address the crisis.

“I appreciate that this work is happening,” said Lindsey Boylan, a New York City Council candidate. “It doesn’t undo the fact that rape culture is pervasive in the United States and very much so alive and well in New York.”

Boylan was the first woman to publicly accuse former New York Governor Andrew Cuomo of sexual harassment in another high-profile misconduct case, back in 2020. She is among those calling for greater reform.

Here are some of the measures advocates are pushing state lawmakers to adopt or amend:

‘Voluntary intoxication’ statute

The Cornell University case has brought renewed attention to New York’s “voluntary intoxication” statute, a legal loophole that can make it harder to prosecute sexual assault when a person has willingly consumed alcohol or drugs.

New York Governor Kathy Hochul pledged on Friday to work with lawmakers to close the gap.

“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.

Under the current state law, a person who voluntarily drinks or takes drugs is not considered “mentally incapacitated” during an assault, even if they become too intoxicated to consent.

That can make it harder for prosecutors to bring a sex-crime charge. The law primarily recognises incapacitation in the context of sexual assault when a person was involuntarily intoxicated, unconscious or otherwise “physically helpless”.

That distinction has become central to the Cornell case. Doe has acknowledged that she consumed substances before the alleged rape, saying that she was pressured into drinking alcohol and taking the dissociative drug ketamine.

The Tompkins County district attorney initially declined to bring charges, pointing to the law’s stance on “voluntary intoxication”. But the investigation has since been reopened, amid public pressure.

New York is one of 19 states in the US that distinguish between “voluntary” and “involuntary” intoxication when it comes to determining consent in sexual violence cases.

But the Cornell case has spurred a push to remove the distinction from the law books. Critics have argued that sexual assault is no less grievous if a victim is drunk or has chosen to take drugs.

“I mean, to have New York, a supposedly progressive state, penalise people who are sexually abused for drinking is disgusting,” Boylan told Al Jazeera.

Vladimer, for her part, explained that distinguishing between “voluntary” and “involuntary” intoxication as a means for pursuing sexual assault cases shifts the focus onto the actions of victims, rather than perpetrators.

“We essentially have codified victim-blaming by saying if you become voluntarily intoxicated and then are sexually assaulted, you essentially cannot seek justice in our court system,” Vladimer told Al Jazeera.

In June, the New York state Senate unanimously passed a bill to allow sexual assault charges regardless of whether a victim is intoxicated voluntarily or involuntarily.

But the legislation has yet to be taken up in the state Assembly.

The rape-shield gap

New York’s rape-shield protections limit the use of evidence about a complainant’s sexual history and conduct in criminal proceedings. But those protections do not currently extend to civil cases.

This distinction could matter in the Cornell case because Doe filed a civil lawsuit.

Vladimer said questions about a survivor’s behaviour could come up in the discovery process of a civil case, as well as in court.

“There is the potential of her having to face questions about things like her sexual history,” Vladimer said.

Bridie Farrell, the director of victim rights advocacy and legislation at the law firm Weitz and Luxenberg, told Al Jazeera that she has seen major differences in how male and female survivors are questioned in civil cases where this practice is still permitted.

In one case involving a brother and sister who were both sexually assaulted, Farrell said the man was not questioned about his sexual history while the woman was “grilled on it”.

A bill sponsored by State Senator Liz Krueger would extend rape-shield protections to civil proceedings. The measure passed the Senate in June and is currently before the Assembly Judiciary Committee.

Retaliatory defamation lawsuits

Advocates are also pushing for legislation to prevent retaliatory defamation lawsuits.

Boylan said she has spent more than $2m defending herself in legal proceedings connected to her accusations against Cuomo, who stepped down as New York governor in 2021.

He has repeatedly denied any allegations of wrongdoing, despite a state attorney general’s report that concluded he “engaged in conduct constituting sexual harassment”.

“Every step of the way, we have a system that penalises people for speaking up about their own harm,” Boylan said.

Boylan and Charlotte Bennett, a former aide who also accused Cuomo of sexual harassment, are proponents of the Speak Your Truth Act, which would provide legal protections for people who publicly report sexual assault, harassment or discrimination.

The bill, sponsored by Assembly member Jessica Gonzalez-Rojas, would make certain communications about sexual assault, harassment or discrimination privileged when they are made without malice.

It would also allow survivors of sexual misconduct who successfully defend themselves against a defamation lawsuit to recover legal fees and costs. The bill remains in an Assembly committee.

A recent win, a long way to go

For Bridie Farrell, the victims’ rights advocate, the fight for legal change is personal.

Farrell was a 15-year-old competitive speed skater in 1997 when she said she was sexually abused by her 33-year-old teammate and mentor. She came forward with her story of abuse in 2013.

By then, the statute of limitations in her case had expired. Farrell later became an advocate for changes to New York’s laws, helping to pass the Child Victims Act in 2019 that extended the time available for survivors of childhood sexual abuse to pursue criminal and civil claims.

The law allowed Farrell to file her own case, which she did in 2020. She tells Al Jazeera that a trial has finally been scheduled for June 2027.

“Before we passed the Child Victims Act in 2019, New York was one of the worst in the country,” Farrell said of the situation for sexual assault survivors seeking justice.

Farrell considers the legal impediments to Doe’s case — like the “voluntary intoxication” statute — all too predictable. “I’m not surprised if we haven’t updated a law that is archaic,” she said.

Still, lawmakers have signalled willingness to reform such laws. In announcing the state Assembly’s working group on sexual-assault laws, Speaker Carl Heastie pledged to “thoughtfully” consider how the state can strengthen its laws.

“The allegations being reported out of Cornell University are truly horrifying,” Heastie said on Wednesday. “We want to do everything we can to ensure victims of sexual assault see justice served.”

But survivors and sexual violence advocates say the Cornell case points to problems that go beyond any single law. They hope to see widespread systemic and societal change.

“Changing legislation is incredibly important. But legislation in a lot of cases can only go [as far as] the paper that it’s written on,” Boylan said. “It would be amiss to orient this horrible, tragic, unacceptable, infuriating case in isolation without looking at the broader rape culture of our state and our country.”

Michael Kotlikoff expresses deep sorrow over the case, calling it one of the most challenging periods for Cornell.

Cornell University’s president, Michael Kotlikoff, has called the alleged 2024 gang rape of a student at a fraternity house “deeply disturbing”, pledging greater transparency amid mounting outrage over how the school handled the case.

“My heart aches when I think of what she experienced,” Kotlikoff said in an eight-minute video message to the Cornell community on Saturday.

He characterised the past week as one of the most difficult in the university’s history and said it would weigh on the university for years to come. “It raises heartbreaking and troubling issues about sexual assault, dehumanisation and aspects of party culture, alcohol and drug use,” he said.

The woman, identified in court documents as Jane Doe, alleges she was sexually assaulted by multiple members of the Chi Phi fraternity in 2024 and has sued the university and seven former students.

Scrutiny over Cornell’s handling of the case intensified after New York Governor Kathy Hochul said newly released information had undermined her confidence in the local prosecutor, who initially declined to bring charges.

Hochul subsequently appointed state Attorney General Letitia James as special prosecutor to take over the criminal investigation, saying she would “not allow anyone to sweep this case under the rug”.

The case has also renewed scrutiny of the “voluntary intoxication loophole” in New York law that makes it difficult to prosecute sexual assaults involving victims who voluntarily consumed alcohol or drugs, even if they later became too intoxicated to consent.

Tompkins County District Attorney Matthew Van Houten had cited the legal provision in defending his original decision not to pursue charges. Hochul has pledged to push for changes to it.

At a student assembly hearing on Thursday, several speakers called for Kotlikoff’s resignation.

In Saturday’s video, Kotlikoff reaffirmed his support for an independent review of the university’s handling of the case and said Cornell’s Board of Trustees would announce details next week. He also called for a “serious look at the role of fraternities and sororities in campus life”.

James’s appointment has placed the case under a prosecutor whose office has repeatedly clashed with President Donald Trump. She has separately described the case as “an active criminal investigation”.

New York Governor Kathy Hochul has said the woman at the centre of the Cornell University rape case was “failed” at “every turn”.

The woman, known as Jane Doe in legal documents, alleges she was drugged and raped by several men at a fraternity house in 2024.

The case was investigated at the time but no charges were laid. It recently reopened after the woman filed a civil lawsuit last month that thrust the allegations into the national spotlight.

At a news conference on Friday, Hochul said she was “deeply disturbed” by how the investigation was handled. She has now appointed New York Attorney General Letitia James to lead the case.

This appointment was made after Hochul said she “lost faith” in the local prosecutor’s ability to oversee the investigation.

Expressing outrage that local prosecutors did not interview the accuser themselves, Hochul on Friday said: “This young woman had already endured something that is utterly unspeakable, and then at every turn she was failed by people and institutions with an obligation to protect her.”

She has also vowed to close a “loophole” that prevents prosecutors from pursuing rape charges in cases when the victim has voluntarily consumed drugs or alcohol. Jane Doe is believed to have voluntarily taken drugs and alcohol on the night of the alleged gang rape.

“If someone is too intoxicated to consent it should not matter if they chose to use drugs or alcohol,” said Hochul, adding: “Voluntary intoxication is not a licence for gang rape.”

James, who is the state’s chief legal officer, appeared alongside Hochul at Friday’s news conference, pledging to “lead a process guided by the facts and the law”.

She said her office would interview witnesses and pursue prosecutions if warranted.

District Attorney Matthew Van Houten, who previously led the investigation, has defended his office’s previous decision not to file charges in the case, arguing they were not given enough evidence to meet the legal threshold.

Van Houten said much of the information released in recent weeks about the case was not passed to his office.

In a statement on Friday, he said he supported James’ investigation, adding: “It has become clear that we were not provided the full picture by the university.”

Cornell has said it provided evidence to the district attorney’s office from its own investigation, including a Snapchat group chat in which fraternity members discussed a “free” sexual encounter with Doe on the night of the alleged assault.

New York lawmakers are renewing a push to change the state’s sexual assault laws after prosecutors in the United States said the current rules made it difficult to bring charges for an alleged gang rape at a Cornell University fraternity house.

At issue is whether someone who willingly becomes intoxicated can be considered mentally incapacitated and therefore unable to consent to sex.

Under current New York law, only someone who was drugged or given alcohol without their knowledge can be considered “mentally incapacitated” because of intoxication and unable to consent. The same does not apply to someone who willingly consumed alcohol or drugs.

State Assemblyman Jeffrey Dinowitz and State Senator Nathalia Fernandez are sponsoring bills in their respective chambers that would change that.

In the state Senate, the bill is known as S10632, and in the New York Assembly, it is filed as Assembly Bill A101.

In a post on the social media platform X, Dinowitz said the proposed law would allow prosecutors to focus on whether someone was capable of consenting, rather than how they became intoxicated, and whether the accused “knew or should have known” that the person was unable to consent.

He said people who voluntarily drink or take drugs currently face significant barriers in sexual assault cases, particularly if they remain partly conscious or responsive during an alleged assault.

“The fact that someone made the choice to consume alcohol or another intoxicating substance should never be used to undermine their experience or shift responsibility onto the survivor when they’ve been sexually assaulted,” Dinowitz wrote.

The years-long reform effort has gained new momentum after Tompkins County District Attorney Matthew Van Houten said the existing law was one reason his office initially declined to pursue charges against several Cornell students accused of sexually assaulting a woman on October 19, 2024.

The woman, identified only as Jane Doe, was 20 at the time. She has since filed a civil lawsuit against seven members of the Chi Phi fraternity, as well as Cornell University and several other defendants.

The lawsuit alleges fraternity members gave her alcohol and ketamine and sexually assaulted her after she became incapacitated.

Doe also reported her allegations to campus police in November 2024.

In a statement explaining why his office did not pursue charges afterwards, Van Houten said Doe never claimed at the time that she had been involuntarily intoxicated, physically forced or unconscious. He also said she did not clearly express that she did not consent.

Any of those circumstances could have provided grounds for prosecutors to pursue rape charges under New York law, according to the district attorney.

“On the contrary, Jane Doe’s statement described her participation in drug use and sexual conduct as voluntary, conscious, and consensual,” Van Houten wrote.

“In this case, multiple prosecutors and criminal investigators reviewed Jane Doe’s statement and correctly determined the alleged facts as set forth in the statement do not constitute a crime.”

Since the lawsuit was filed, Van Houten’s office has faced intense scrutiny. It said on Monday that it will reopen the investigation and bring the case before a grand jury, which will consider whether there is enough evidence to indict anyone.

Van Houten also told CBS News on Wednesday that he had not seen a transcript of a campus police interview conducted three weeks after the alleged assault in which the woman said: “I can say with 100% confidence I was raped.”

Cornell has defended its handling of the case, saying it investigated the allegations and disciplined the accused students, with penalties ranging from suspension to expulsion.

On Wednesday, New York Governor Kathy Hochul said the university had agreed to her request to bring in an outside law firm to conduct a new investigation into its handling of the case.

Previous efforts to change New York’s sexual assault laws have foundered in the state legislature. Senate bill S10632 has passed its chamber but has never received a vote on the Assembly floor.

“Rape is the only crime that I’m aware of where, if the victim was drunk, they may not get justice,” Dinowitz, the assembly member, said in an interview with Reuters. “There shouldn’t be any difference in terms of the survivors of sexual assault between the people who are voluntarily intoxicated and who are involuntarily intoxicated.”

New York is one of 19 states where a person can be considered mentally incapacitated because of intoxication only if they did not willingly become intoxicated, according to Elizabeth Jeglic, a professor at John Jay College of Criminal Justice who studies sexual abuse.

“It doesn’t make sense,” Jeglic said. “If you’re incapacitated, you’re incapacitated, regardless of whether you consumed it yourself or somebody else gave it to you without your consent.”