In an interview with CBS, the BBC’s US partner, Giuffra argued that his client, aged 20 at the time, was unable to provide consent because she was intoxicated when she arrived at the fraternity house.
Giuffra said she had been pressured into taking the drug ketamine before she was allegedly raped.
His comments came as New York Governor Kathy Hochul appointed the state’s top prosecutor, Attorney General Letitia James, to take over the investigation.
At a news conference on Friday, Hochul said she had “lost faith” in the county prosecutor’s ability to oversee the case.
“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,” Hochul said.
She also vowed to close a “loophole” of state law that makes it difficult to press rape charges if an alleged victim voluntarily consumes alcohol or drugs.
