
Episode #40
The System Has Ben Failing Survivors (ft. Trisha LaFache)
This week’s It’s Ben A Week is a little different—and considerably more serious. Ben is joined by returning guest, friend, acting coach and criminal defense attorney Trisha LaFache for a conversation about sexual assault, college campuses, the criminal justice system and what happens when survivors believe the institutions designed to protect them have failed. The conversation was prompted in part by renewed national attention surrounding allegations that a former Cornell University student was drugged and sexually assaulted by fraternity members in 2024. After a civil lawsuit brought new scrutiny to the case, prosecutors reopened the criminal investigation and said the evidence would be presented to a grand jury. Rather than attempting to determine guilt or innocence on a podcast, Trisha draws on her experience as a criminal defense attorney to explain the legal process behind cases like these: the difference between a university investigation and a criminal investigation, probable cause versus proof beyond a reasonable doubt, the role of prosecutors and grand juries, and why she believes an emphasis on “winnable” cases can create serious problems for sexual-assault survivors. Ben and Trisha also discuss the complicated role social media can play—bringing attention to cases that may otherwise receive little scrutiny while also creating pressure, misinformation and competing narratives before the legal process is complete. And Trisha shares something deeply personal: she is herself a sexual-assault survivor who never reported what happened to her. The conversation ultimately becomes less about any single case and more about what needs to change: creating spaces where survivors feel safe speaking, teaching young people about consent, encouraging bystanders to intervene, and making sure people know where they can turn when something happens. Since this conversation was recorded: On October 2, New York Gov. Kathy Hochul announced that Attorney General Letitia James would serve as special prosecutor in the Cornell investigation. The allegations remain under investigation, and the outcome of the criminal process has not been determined. Subscribe to It’s Ben a Week New episodes every week filled with unfiltered stories, wild guests, and brutally honest laughs. Hosted by photographer and professional barrel racer Ben McDonnell. Listen & Subscribe: Apple Podcasts | Spotify | YouTube | Amazon | Wherever you get your podcasts Connect with Ben: Instagram: @itsbenaweek TikTok: @itsbenaweek Website: itsbenaweek.com Want to be on the show? Submit your story or pitch at itsbenaweek.com






