The Manhattan district attorney’s office has confirmed it is investigating a sexual assault allegation against Eric Swalwell, a Democratic congressman from California who is running for governor. The probe follows a report in the San Francisco Chronicle in which a former staffer accused Swalwell of two nonconsensual sexual encounters.
The woman, who remains unnamed, alleged that on both occasions – in California in 2019 and in New York in 2024 – she was too intoxicated to give consent. New York law states that a person cannot consent if mentally incapacitated or physically helpless due to drugs or alcohol, though voluntary intoxication may not always negate consent in legal terms.
In a televised interview with CNN, the accuser directly accused Swalwell of rape. The broadcaster also reported that three other women have come forward with claims of inappropriate sexual messages, including unsolicited naked images, and unwanted touching. The Manhattan DA’s office urged anyone with information to contact its special victims division, emphasising a trauma-informed approach.
Swalwell has denied the allegations as “absolutely false” and suggested they are politically motivated, noting they emerged ahead of the June primary for California’s gubernatorial race. In a statement, he said: “These allegations of sexual assault are flat false. They did not happen, they have never happened, and I will fight them with everything that I have.”
Staff in Swalwell’s office condemned the alleged behaviour, expressing support for the accuser and other women who have come forward. They said any decision by staff to remain in their roles should not be seen as support for the congressman. Prominent backers of Swalwell’s campaign have withdrawn their support, including 21 congressional colleagues. Former House Speaker Nancy Pelosi, while not endorsing any candidate, said the allegations must be investigated “outside of a gubernatorial campaign”.
