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法国世界报

纽约州长誓言在康奈尔大学轮奸指控后堵住法律漏洞New York governor vows to close legal loophole after Cornell gang rape allegations

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10月2日星期五,纽约州州长凯西·霍楚尔承诺将填补一项法律漏洞——该漏洞使得那些与自愿喝醉到无法表达真实意愿的受害者发生性关系的人可以逃避强奸罪指控。康奈尔大学发生的涉嫌集体强奸案便属于此类情况。

New York Governor Kathy Hochul vowed, on Friday, October 2, to close a legal loophole allowing offenders in the state to avoid rape charges if their victims were willingly intoxicated, as in the case of an alleged gang rape at Cornell University.

两年前,当地检方决定不对这起发生在常春藤盟校的案件提起指控,此举引发了美国社会的强烈抗议。为此,霍楚尔州长任命州总检察长莱蒂西亚·詹姆斯为特别检察官负责处理此案。

There has been an outcry in the United States over a decision by prosecutors not to file charges in the case at the Ivy League college two years ago, prompting the governor to appoint state Attorney General Letitia James as a special prosecutor.

本周一,随着受害女性提起民事诉讼,调查工作重新启动。这进一步引发了外界对这所顶尖大学未能切实追究涉事男子责任的质疑。受害女性在诉状中称,2024年她被他人灌下氯胺酮,随后遭到“Chi Phi兄弟会”的七名成员性侵与强奸。该兄弟会是一个由男性学生组成的社交团体。

包括纽约州在内的美国多个州的法律条款均规定:若性侵行为发生在受害者自愿醉酒、无法有效表达同意或拒绝意愿的情况下,检方便难以对加害者定罪。

The investigation was reopened on Monday, after the alleged victim filed a civil lawsuit, fueling allegations that the elite college failed to properly hold the men accountable. The alleged victim said in her lawsuit that in 2024 she was drugged with ketamine, assaulted and raped by seven members of the Chi Phi fraternity, a social club for male students. Several US states, including New York, have provisions in their laws making it harder for prosecutors to bring charges against someone who engaged in sex with a person who voluntarily became intoxicated to the point where they could not meaningfully give or withhold consent. "It should not matter whether they chose to use drugs or alcohol.

“无论受害者是否主动服用了药物或饮酒,这都不应成为性侵或集体强奸的借口。自愿醉酒绝不是实施性犯罪的借口,绝无例外,”霍楚尔在周五说道,“我支持填补这一法律漏洞,并将与纽约州立法机构携手实现这一目标。”“被刻意掩盖/隐瞒”作为一位多次与美国总统唐纳德·特朗普发生冲突的民主党人士,詹姆斯周五表示,她将“核实事实、收集证据、询问证人,必要时还会提起刑事诉讼”。

Voluntary intoxication is not a license for sexual assault or gang rape. Period," Hochul said Friday. "I support closing this loophole, and will work with the New York State Legislature to accomplish this." 'Under the rug' James, a Democrat who has clashed repeatedly with US President Donald Trump, said on Friday that she would "review the facts, gather evidence, interview witnesses, and if warranted, pursue prosecutions."

霍楚尔严厉批评了最初针对受害者指控所开展的调查工作。她说道:“受害者花了数小时向警方详细叙述了所发生的一切。据最新报道,她明确表示自己百分之百确定自己遭到了强奸。试问,在哪种情况下,警方从受害者口中得知她在醉酒状态下于兄弟会会所遭到轮奸,却未将这一指控上报给地方检察官呢?”霍楚尔还强调:“当司法体系出现漏洞并辜负了年轻人的信任时,任何公职人员都无权视而不见。作为州长,我绝不会允许任何人试图掩盖此案的真相。”

Hochul slammed the conduct of the initial investigation into the victim's claims. "She sat for hours and told [police] exactly what happened to her. And according to new reports, she could not have been clearer that she was 100% confident that she had been raped," Hochul said. "In what world would the police learn from a victim that she'd been literally gang raped while intoxicated (...) in the fraternity house, and not elevate those allegations to the district attorney?" "No public official gets to look the other way when the system breaks down and fails our young people. And as governor, I will not allow anyone to sweep this case under the rug," Hochul said Friday.

汤普金斯县地方检察官马修·范霍滕本周表示,他计划对那七名男子提起刑事指控。他解释称,2024年时其办公室之所以未提起公诉,是因为受害者的证词未能证明受害者当时并未同意发生性行为。

Tensions among Cornell's student body Tompkins County District Attorney Matthew Van Houten said this week that he planned to file criminal charges against the seven men. He said his office declined to prosecute in 2024 because the victim's testimony did not establish a lack of consent.

这些指控曝光后,康奈尔大学随即关闭了涉事兄弟会,并暂时停学那些涉嫌涉案的学生,其中数人后来被学校开除。

Following the allegations, Cornell closed the fraternity and temporarily suspended the students allegedly involved, several of whom were later expelled.

周四,康奈尔大学的学生们举行了校园集会,现场气氛十分激动。与会者纷纷指责校方管理层处理此案的方式不当,这起事件也引发了全美范围内的广泛关注。

Cornell's student body held a campus meeting on Thursday, at which emotions ran high. Speakers repeatedly attacked the college's administrators for how they handled the case, which has garnered nationwide attention.