Cornell rape accuser was misled about criminal probe, lawyer alleges

The lawyer for a woman who alleges she was gang-raped at a Cornell University fraternity party in October 2024 has accused authorities of misleading her about the status of the criminal investigation, saying she was left believing police were still investigating when the inquiry had effectively ended.

Attorney Thomas Giuffra was quoted as saying by the Associated Press that the woman, identified as Jane Doe in court documents, was given the impression that investigators were continuing to pursue the case even as she sought justice through the university’s internal disciplinary process.

In reality, Tompkins County District Attorney Matthew Van Houten decided against pursuing criminal charges within days of the woman’s substantive interviews with police, Giuffra said.

Van Houten has said he asked Cornell’s police department to inform the woman of his decision but did not speak directly with her or her lawyer.

“I think she was misled,” Giuffra told the AP, adding that he had also believed investigators were continuing their work and needed more time to interview witnesses and build a case.

“But nothing was being done, and we didn’t know that,” he said.

A request for comment was left for Van Houten. Cornell’s media relations office declined to comment on behalf of the university police department, citing pending litigation.

Lawyer challenges account used to close probe

The dispute has intensified scrutiny of how authorities handled the allegations, particularly the information prosecutors relied on when deciding not to pursue a criminal case.

Van Houten said last week that he was confident no further investigation was necessary after his office reviewed a six-page summary of the woman’s account prepared by a police officer.

Based on that summary, he said he believed no crime had been committed and characterised the woman’s participation in drug use and sexual activity as “voluntary, conscious and consensual.”

Giuffra strongly disputed that account, saying the summary omitted crucial details from the woman’s statements to investigators.

According to the lawyer, the report left out her assertion, “I can say with 100% confidence I was raped,” as well as her allegations of physical violence and a message allegedly sent by a fraternity member to a group chat using a vulgar expression to suggest that a woman was sexually available.

The allegations also feature in a lawsuit filed last month against seven members of the Chi Phi fraternity, Cornell University and other parties.

The New York Times reported last week, citing investigative records it obtained, that a Cornell police investigator tried to persuade Van Houten’s office to consider additional evidence in the weeks after the alleged assault but was rebuffed.

Giuffra said the reporting had changed his view of the police response. He had initially believed investigators were incompetent but now thought they had attempted to pursue the evidence before their efforts were halted.

Cornell students protest sexual violence

The controversy has sparked renewed student protests over sexual violence and the university’s handling of complaints.

On Wednesday, some students staged a sit-in at a campus dining hall and pledged not to spend money on campus to protest what they described as inadequate responses to sexual assault allegations.

A handwritten sign reading “Justice for Jane Doe” was placed on an empty table as students gathered inside the dining hall. Some sat without eating, while others held signs outside bearing messages such as “we are Jane Doe.”

The protesters accused the university of responding too slowly to sexual assault complaints while prioritising its reputation. Their demands include changes to disciplinary procedures and the expulsion of, or revocation of degrees from, anyone found responsible for the alleged October 2024 assault.

Jane Doe, who was a Cornell student at the time, alleges that fraternity members gave her alcohol and drugs before several men sexually assaulted her. According to the lawsuit, one man also sent a message inviting others to participate.

Lawyers for two of the men have denied that their clients participated in a sexual assault. The AP was unable to reach the other men or their representatives for comment. Some men who underwent university disciplinary proceedings in 2024 told investigators that the sexual activity was consensual or denied involvement.

Giuffra said he and his client had received death threats but had also been encouraged by demonstrations on campus and messages of support. He said more than 1,000 women had contacted him to express solidarity, share their experiences of assault and describe their frustration with how such allegations are handled.

New prosecutor takes over investigation

Jane Doe reported the alleged assault to Cornell police in November 2024, but no criminal charges were filed.

After the lawsuit was filed last month, Van Houten announced that he was reopening the investigation. Days later, New York Governor Kathy Hochul removed him from the case and appointed state Attorney General Letitia James as special prosecutor.

Giuffra welcomed the decision, expressing doubts about Van Houten’s proposed approach to the reopened inquiry. He said the district attorney had planned to take the case to a grand jury and have Jane Doe testify within two weeks.

The lawyer argued that the proposed timeline left insufficient time to examine evidence and interview witnesses, raising concerns about whether the investigation would be thorough.

James has not specified how long her investigation will take but has indicated that it could continue for months.

The case faced another legal challenge on Wednesday when one of the men named in the lawsuit petitioned a court to remove James as special prosecutor. He alleged that she had demonstrated bias by posting on social media, days before her appointment, that the woman had endured something “horrific and unacceptable.”

A spokesperson for James declined to comment.

Cornell appoints former US official to review procedures

Cornell shut down the Chi Phi chapter on its campus in 2024 and said it expelled some students and suspended others after an investigation conducted under Title IX, the federal law addressing sex-based discrimination in education.

This week, the university’s trustees appointed former US Deputy Attorney General Sally Yates to review the institution’s handling of sexual assault and sexual harassment complaints.

The review will examine the university’s investigative procedures, disciplinary process and campus police response, among other issues.

The appointment comes as the university faces mounting pressure to demonstrate transparency and accountability in its handling of sexual assault allegations.