Following backlash Sunny Hostin received for her commentary on the New York investigation into 2024 sexual assault allegations against seven then-fraternity members at Cornell University, "The View" co-host revealed that Cynthia Erivo reached out to her with opinions.
While citing her expertise in New York law, the former federal prosecutor said in an Oct. 1 episode of the daytime talk series that "it's important to understand why the DA did not bring a case." She was later criticized for her remarks and accused of defending the seven men in the case.
In an Oct. 5 episode of "The View: Behind the Table" podcast, Hostin, 57, said the "Wicked" actress, 37, called her soon after her remarks and said "Sis, I know you and I know your heart and your life’s
work has been about protecting women and children. But, the clip that I saw doesn’t reflect who you are."
"She then said, 'I’m a blunt person and you are a blunt person.' That’s why we get along so well, because we get the BS out when we talk to each other. She said she’s had to learn to give people her opinion in a way that they can receive it rather than just be blunt," Hostin said.
Hostin shared that the Oscar winner, who she counts as a longtime friend, gave her the following advice: "Instead of leading with the law, I need to lead with empathy so that people can receive the message about the law. That’s why the next time we talked about it, I led with that so that people would be able to receive the facts that, in New York, if you’re voluntarily intoxicated you’d have to be completely passed out, affirmatively say no, or you would have to be drugged involuntarily to prove sexual assault."
She also addressed those accusing her of defending the young men and of "victim-shaming" the young woman, known anonymously as Jane Doe, who filed the Sept. 16 lawsuit. Hostin said she would never do either after spending most of her career prosecuting sex crimes.
"So, I was kind of fascinated by the way people received the information that I gave, which was ultimately the law in New York must be changed because the bar is so very high," she added. "In New York, once someone is voluntarily intoxicated, to prove sexual assault. It’s already beyond a reasonable doubt, and then you add that on to it, the burden becomes so high. It’s almost impossible to prove sexual assault."
What did Sunny Hostin say about Cornell case on 'The View'?
Hostin began facing outrage after her insight on the rape allegations, investigation and lawsuit when she said "there is no way" charges would be filed based on Jane Doe's 2024 statement.
"The pictures of these young men who have not been charged, not been adjudicated, are being plastered all over the internet. I think people are reporting this story inaccurately. I think they are reporting it unfairly," she said in the Oct. 1 episode. "And while this is something that we have to take very seriously, there is no way, according to her statement in 2024, that any prosecutor would have brought this court case."
In her legal opinion, Hostin said that case, which she described as "morally repugnant," would be "incredibly impossible to prosecute." After noting that Jane Doe admitted to taking substances on her own, Hostin said that "you’d have to be unconscious or involuntarily drugged — slipped a drug — in order to charge this case" as a criminal one.
Had the alleged assault occured in Washington, DC, Hostin said that "this case would have gone to trial. I would have prosecuted this case like I prosecuted a lot of sex crimes. The problem is the New York law."
"It is grotesque when you read the details," she added. "I feel terrible about how this happened. Why do these kids have ketamine? Why is there no upstander? You want the young man to go upstairs and say, 'Shut this down. What is going on?'"
What does the Cornell lawsuit say?
In the Sept. 16 lawsuit, Jane Doe said she was gang-raped on Oct. 19, 2024, by seven members of Cornell’s Chi Phi fraternity while she was too intoxicated to consent and after she was allegedly pressured into taking ketamine.
The lawsuit names Cornell University, the Chi Phi fraternity and the seven then-fraternity members, who have all denied the allegations during the university's investigation.
Tompkins County District Attorney Matthew Van Houten confirmed to USA TODAY in September that the investigation into the alleged assault has been reopened. On Oct. 1, Gov. Kathy Hochul appointed New York State Attorney General Letitia James as the special prosecutor who will investigate the allegations.
Cornell is also investigating its response to the alleged rape. The university retained Sally Yates, the former acting attorney general of the United States, to review its sexual assault policies and procedures.
Outrage over the allegations have prompted a string of protests at Cornell University, urging school officials to make changes, including by providing trauma-informed training for campus police.
Contributing: Karissa Waddick, USA TODAY
This article originally appeared on USA TODAY: Cynthia Erivo tells Sunny Hostin to 'lead with empathy' on Cornell case
