Key Takeaways
- Sunny Hostin called the alleged assault involving seven Cornell fraternity members “morally repugnant” and “grotesque,” saying she would have prosecuted the case in Washington, D.C.
- The former prosecutor maintained that New York law created the obstacle, while newly surfaced records raised questions about whether the district attorney received Jane Doe’s full statement and pursued potential witnesses.
- Gov. Kathy Hochul appointed Attorney General Letitia James’ office as special prosecutor after Cornell agreed to an independent review of its response to the allegations.
Sunny Hostin says she would have prosecuted the Cornell 7 case in Washington, D.C.—days after defending the decision not to bring charges in New York. Now, as investigators face scrutiny over their handling of the allegations, The View co-host is calling the case “morally repugnant” while maintaining that New York law is the obstacle.
“In D.C., this case would have gone to trial. I would have prosecuted this case like I prosecuted a lot of sex crimes,” Hostin said on the Thursday, October 1, broadcast, per Us Weekly. “The problem is the New York law.”
Her comments followed Cornell University’s agreement to an independent review of its response to a former student’s allegations. The woman, identified as Jane Doe, alleges that seven Chi Phi fraternity members drugged and sexually assaulted her for at least seven hours in October 2024. Attorneys representing the accused have denied the allegations. No arrests have been reported as of this writing.
“This is a morally repugnant case. It is grotesque when you read the details,” Hostin said. “I feel terrible about how this happened.”
The former prosecutor also questioned why nobody intervened.
“Why do these kids have ketamine? Why is there no upstander?” she asked. “You want the young man to go upstairs and say, ‘Shut this down. What is going on?’”
Hostin’s latest remarks sharpened her condemnation of the alleged conduct, but she continued defending her legal analysis. Previously, she argued that Doe’s 2024 statement did not give prosecutors grounds to bring charges.
She now claims that New York makes it “incredibly impossible to prosecute a case like this.”
New York’s definition of “mentally incapacitated” covers impairment caused by substances administered without consent. Separately, someone can be legally “physically helpless” if unconscious or otherwise physically unable to communicate unwillingness. Voluntary intoxication does not automatically establish either condition, but it does not rule out prosecution based on force or other applicable grounds.
Questions about this investigation also extend beyond intoxication law.
Newly surfaced records raised questions about the evidence prosecutors reviewed. CBS News obtained an interview transcript in which Doe told campus police, “I can say with 100% confidence, I was raped.” Tompkins County District Attorney Matthew Van Houten said he had not received the full transcript when he initially decided not to file charges against the seven men.
Doe’s attorney, Thomas Giuffra, challenged the investigation during an appearance on NewsNation’s Cuomo, arguing that fraternity messages and potential witnesses warranted further scrutiny.
“Every single one of the people who posted comments were witnesses that should have been followed up with, and they were not,” he said.
Giuffra also questioned how his client’s account was handled.
“She describes being hit. She described running away from these people. That’s evidence,” he said. “And if it didn’t go to the DA, it should have gone to the DA.”
The case now has new leadership. Gov. Kathy Hochul appointed Attorney General Letitia James’ office as special prosecutor on October 1, handing the investigation to state authorities.
Giuffra welcomed the decision, saying, “My client and I had zero confidence in this District Attorney’s ability to prosecute this case.”
If you or someone you know has been sexually assaulted, help is available. In the U.S., RAINN offers free, confidential support 24/7. Call 800-656-HOPE (4673), text HOPE to 64673, or access online chat through RAINN’s National Sexual Assault Hotline.
