The victim in an alleged fraternity gang rape at Cornell University told campus police she could say “with 100% confidence I was raped,” according to a transcript obtained by CBS News New York.
The law enforcement response to the 2024 incident has faced renewed scrutiny following the university’s internal inquiry, which previously resulted in expulsions, suspensions and other sanctions. Prosecutors have since reopened a criminal investigation into the alleged fraternity gang rape at the university.
The transcript documents an interview conducted over two days, starting on November 14, 2024 — more than three weeks after the alleged attack.
A campus police investigator led the questioning with a Title IX investigator, a victim advocate and the woman’s adviser present for the initial session.
According to the transcript, the woman — referred to as Jane Doe — explained that she drank alcohol and used drugs on the night of the incident and had gaps in her memory. She differentiated between the initial sexual activity and the events that took place later in the evening.
When asked about the initial encounter, she said that while heavily intoxicated, she was “pretty OK with all of this,” though she added that she was “being hit at the same time. Physically hit very, very hard.”
As for the later events, she told police she could not recall the end of the night or how many people were involved, but insisted she was certain she had been assaulted. Throughout the interview, the investigator asked questions to assist in drafting her written statement.
During the interview, the investigator informed the woman that his questions might sound accusatory, explaining that specific answers were necessary to establish appropriate charges.
The transcript indicates Doe described pushing one man's hand away and expressing discomfort, while telling another man no or saying that she was too exhausted. When the investigator pressed whether her response was “’no’ or was it, ‘eh, I'm tired’?” she responded, “I think it’s ‘I’m tired.’”
The investigator then questioned if she eventually yielded due to exhaustion from the men’s questioning.
“Yes. It was coercion, yes,” Doe stated, adding that she was “completely and totally incapacitated.”
The officer logged her statements, read them back for verification and provided a revised six-page statement for her review on the second day. Prior to signing, Doe reportedly stated, “I’m very confident about this.”
Tompkins County District Attorney Matthew Van Houten stated his initial decision against filing charges relied solely on the signed 2024 statement. He told CBS News on Tuesday that he had not been provided the underlying interview transcript prior to closing the case.
“I’m going to follow up on this because this is news to me,” Van Houten said.
Addressing Doe’s assertion that she was raped, Van Houten said, “That wasn’t information that I had, first of all. Second of all, that is a legal conclusion.”
He added, “If she had said those words, we certainly would want to have explored that more. Like I said, that wasn’t provided to me,” confirming he would request the transcript from Cornell Police.
“Nobody knows this information about the transcript and that gives me something to really dig into because that changes the landscape for me,” he said.
Cornell University stated that its police department transmitted all investigative findings to the district attorney’s office.
Doe’s attorney, Thomas Giuffra, criticized the prosecutor’s handling of the matter in statements to the publication, noting that his client was initially in denial after the alleged attack.
“What more did (Van Houten) need to do a thorough investigation and prosecute?” Giuffra said. “He had a woman who told an officer she was raped and a group chat inviting sexual assaults. The failure to do anything is shocking.
“Neither I nor Ms. Doe have any confidence in DA Houten’s ability to handle this investigation and prosecution. He seems more interested in protecting his reputation as opposed to seeking justice as is his duty as the District Attorney.”
Attorneys representing two defendants named in the lawsuit stated their clients deny the allegations.
Read MoreThe View’s Sunny Hostin ignites heated debate over Cornell scandal
High school students stop applying to Cornell as frat rape-case scandal grows
