Tompkins County District Attorney Matthew Van Houten says he never saw a transcript of a conversation between an alleged rape victim and investigators showing what she told Cornell University campus police before his office decided not to bring charges.
The transcript, which CBS News New York exclusively obtained from a source, shows the victim told campus police more than three weeks after the alleged assault, “I can say with 100% confidence I was raped.”
“I’m going to follow up on this because this is news to me,” Van Houten told CBS News New York on Tuesday about the transcript.
Cornell conducted an internal investigation into the alleged fraternity gang rape that occurred Oct. 19-20, 2024, and led to expulsions, suspensions and other sanctions. Criminal charges, however, were not pursued, and prosecutors have now reopened their criminal investigation as the law enforcement response has come under new scrutiny.
Van Houten said his decision not to bring charges was based on the contents of a 2024 statement signed by Jane Doe, the alleged victim.
When Van Houten was told by CBS News New York’s Mahsa Saeidi that Jane Doe had said she was confident she was raped, Van Houten said, “That wasn’t information that I had, first of all. Second of all, that is a legal conclusion.”
“If she had said those words, we certainly would want to have explored that more,” Van Houten continued. “Like I said, that wasn’t provided to me.”
The DA said he’d seek the transcript and follow up with 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,” Van Houten said.
Cornell University said its police department provided the results of the school’s investigation to the DA.Â
Transcript shows Jane Doe describes initial sexual activity, gaps in memory
Jane Doe’s interview, as seen in the transcript, began on Nov. 14 — more than three weeks after the alleged gang rape — and continued the next day. A campus police investigator led the questioning. A Title IX investigator, a victim advocate, and Jane Doe’s adviser were also in the room for the first day of the interview.
According to the transcript, Jane Doe described drinking and using drugs the night of the alleged rape, and said she had gaps in her memory.
The transcript shows she distinguished the initial sexual activity from what she says happened later, and when asked whether she was OK with the initial encounter, she said, “Yeah, as much as I can be because, again, I was super drunk when I got there … But I was pretty OK with all of this.”
Jane Doe added, according to the transcript, “And then, of course, I was being hit at the same time. Physically hit very, very hard.”
According to the transcript, she said she didn’t remember the end of the night “where I was raped” and didn’t know how many people had sex with her.
When describing what happened later in the night, the transcript says Jane Doe said, “I can say with 100% confidence I was raped.”
Investigator asked what Jane Doe told the men
The transcript shows that throughout the interview, the investigator asks questions as he prepares her written statement.
Before discussing what Jane Doe said when men asked her for sex, the transcript says the investigator warned her that his questions may sound accusatory, but said he needed specific answers to determine the right charges.
According to the transcript, Jane Doe said she swatted one man’s hand away and told him she was uncomfortable, and she told another man no a few times or that she was too tired.
“Was it ‘no’ or was it, ‘eh, I’m tired’?” the investigator asked, according to the transcript.
The transcript says Jane Doe responded, “I think it’s ‘I’m tired.'”
According to the transcript, the investigator later asked whether she got tired of answering the men’s questions asking for sex, and gave in.
“Yes. It was coercion, yes,” Jane Doe said, according to the transcript. She also said she was “completely and totally incapacitated.”
The transcript shows the investigator documenting her account, reading it back and asking her to clarify or correct it.
On the second day of the interview, Jane Doe reviewed the revised six-page statement. The transcript shows her adviser asked if she wanted her and another adviser to review the statement.
Before signing, the transcript shows Jane Doe said, “I’m very confident about this.”
Jane Doe’s attorney: “The failure to do anything is shocking”Â
Jane Doe’s attorney, Thomas Giuffra, told CBS News, “What more did (Van Houten) need to do a thorough investigation and prosecute? 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.”Â
“Neither I nor Ms. Doe have any confidence in DA Houten’s ability to handle this investigation and prosecution,” Giuffra said. “He seems more interested in protecting his reputation as opposed to seeking justice as is his duty as the District Attorney.”
Previously, Giuffra said his client was in denial after the alleged attack.
CBS News New York has not seen Jane Doe’s final six-page statement. CBS News New York reached out to Cornell and has not heard back.
CBS News New York is in touch with attorneys for two defendants named in the lawsuit, and they say their clients deny the charges.
