Sunny Hostin Backs DA’s Decision Against Prosecuting Cornell Students

The View cohost Sunny Hostin is supporting a district attorney’s decision not to press charges against several Cornell University fraternity members accused of gang raping a fellow student in 2024.

“I have the statement that Jane Doe wrote at that time, and it’s several pages long,” Hostin, 57, stated during the Tuesday, September 29, episode of ABC’s popular daytime talk show. “I must point out that according to current New York state law, voluntary intoxication or drug use — as she voluntarily consumed alcohol and snorted ketamine off one of the boys’ body parts — she allowed other boys and consented to boys snorting ketamine off her body.”

The former federal prosecutor elaborated, “Under New York law, voluntary intoxication or drug use that merely compromises judgment does not legally equate to a lack of consent for sexual activity.”

Hostin expressed understanding for why Tompkins County District Attorney Matthew Van Houten opted not to charge the group of fraternity brothers following the alleged assault.

“If you voluntarily use drugs or consume alcohol, you can consent to threesomes, which, according to her statement, she did in two separate instances,” Hostin asserted. “One young man entered and said, ‘Everybody out.’ So, there was one individual who did that. Based on her statement, three of the young men did not have physical contact with her.”

Following her controversial remarks, Hostin clarified that Jane Doe’s recent lawsuit must be thoroughly investigated and treated with seriousness.

During The View’s Hot Topics segment, she also urged viewers to look beyond sensational headlines before drawing conclusions.

“I mention this because images of these young men, who have not been charged or adjudicated, are being shared all over the internet,” she said. “I believe this story is being reported inaccurately and unfairly.”

Hostin added, “While this is a serious matter, based on her 2024 statement, there is no way any prosecutor would have pursued a case.”

Jane Doe, a former student at the Ivy League institution, has filed a lawsuit against Cornell and seven male fraternity members, claiming she was drugged and sexually assaulted for at least seven hours in October 2024 at the Chi Phi fraternity house in Ithaca, New York.

No arrests have been made, but the local district attorney announced that he is reopening the investigation in light of the civil lawsuit and leaked messages from a Snapchat group that promoted “free p****,” a derogatory term for female genitalia, around the time of the alleged assault.

Attorneys for the accused fraternity members have categorically rejected the allegations in the lawsuit.

“Jane Doe’s sworn statement from November 2024 did not claim she was drugged against her will or gang raped. Instead, her statement described her engagement in drug use and sexual activities as voluntary, conscious, and consensual,” said Van Houten in a statement. “My office did not and could not have made our November 2024 decision based on allegations from a civil lawsuit that was filed nearly two years later. Moreover, I have not been contacted by Jane Doe’s legal representatives.”

Jane Doe’s attorney countered Van Houten’s characterization of the alleged victim’s initial statement, criticizing authorities for failing to follow up with his client.

“In my experience, speaking with an abuse survivor requires sensitivity, understanding, and specialized training,” attorney Thomas P. Giuffra told ABC News. “An average University Police officer would lack these necessary skills. It would require a specially trained detective or district attorney. However, Ms. Doe was never contacted by anyone with this expertise.”

Cornell University remarked in a statement that it takes allegations of sexual violence “extremely seriously,” with its Office of Civil Rights and Office of Student Conduct and Community Standards “investigating and adjudicating the allegations in line with university policies.”

“Any implication that the University did not impose significant punishments on those involved is unfounded,” Cornell asserted in September via ABC News. “Perpetuating the false narrative that there were minimal repercussions in this case is irresponsible, undermines the safety and support of survivors, and contributes to the underreporting of sexual assault.”

If you or someone you know has been sexually assaulted, please reach out to the National Sexual Assault Hotline at 1-800-656-HOPE (4673).