Cornell rape case: DA never saw transcript of victim's campus police interview

Tompkins County DA Matthew Van Houten says he was unaware of a transcript showing the alleged victim told campus police she was "100% confident" she was raped.

Cornell rape case DA unaware of key campus police transcript

Tompkins County District Attorney Matthew Van Houten says he never saw a transcript of a campus police interview with the alleged victim in the Cornell University gang rape case — a transcript in which she told investigators she was "100% confident" she was raped. The document was obtained exclusively by cbsnews.com from a source and has since prompted Van Houten to reopen his criminal inquiry.

"I'm going to follow up on this because this is news to me," Van Houten told CBS News New York reporter Mahsa Saeidi on Tuesday.

The alleged gang rape took place on the night of 19–20 October 2024 at a Cornell fraternity. Cornell conducted an internal investigation that led to expulsions, suspensions and other disciplinary sanctions. Van Houten's office, however, declined to bring criminal charges at the time, citing a 2024 written statement signed by the alleged victim, referred to in proceedings as Jane Doe.

When Saeidi informed Van Houten that Jane Doe had, in fact, told campus police she was confident she had been raped, the DA said he had not been provided that information. "If she had said those words, we certainly would want to have explored that more," he said. "Like I said, that wasn't provided to me."

Van Houten added: "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 he would seek the document and follow up with Cornell Police.

Cornell University, for its part, said its police department had provided the results of the school's investigation to the DA's office.

What the transcript shows

According to the transcript obtained by cbsnews.com, Jane Doe's interview with a campus police investigator began on 14 November — more than three weeks after the alleged assault — and continued the following day. Also present during the first day were a Title IX investigator, a victim advocate and Jane Doe's adviser.

Jane Doe described drinking and using drugs on the night in question and said she had gaps in her memory. She distinguished the initial sexual activity of the evening from what she said came later. When asked whether she was comfortable 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."

She then added, "And then, of course, I was being hit at the same time. Physically hit very, very hard."

Jane Doe told investigators she did not remember the end of the night "where I was raped" and said she did not know how many men had sex with her. It was in describing events later in the night that she stated, "I can say with 100% confidence I was raped."

The transcript also shows the investigator questioning Jane Doe about how she responded when men asked her for sex. Before doing so, the investigator acknowledged his questions might sound accusatory but said he required specific answers to determine the appropriate charges. Jane Doe said she swatted one man's hand away and told him she was uncomfortable, and told another man no several times or that she was too tired.

When the investigator pressed her — "Was it 'no' or was it, 'eh, I'm tired'?" — Jane Doe responded, "I think it's 'I'm tired.'"

The investigator later asked whether she had grown tired of fielding requests for sex and ultimately gave in. "Yes. It was coercion, yes," Jane Doe said. She also described herself as "completely and totally incapacitated."

The transcript shows the investigator reading her account back to her and asking her to clarify or correct it as he prepared her written statement. On the second day of the interview, Jane Doe reviewed a revised six-page statement. Before signing, she said, "I'm very confident about this."

Attorney criticises DA's handling of case

Jane Doe's attorney, Thomas Giuffra, was unsparing in his assessment of Van Houten's conduct. "What more did he need to do a thorough investigation and prosecute?" Giuffra told CBS News. "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."

Giuffra added: "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."

Giuffra had previously stated that his client was in denial in the immediate aftermath of the alleged attack.

CBS News New York has not seen Jane Doe's final six-page signed statement and had not received a response from Cornell University at the time of publication. The outlet said it is in contact with attorneys for two defendants named in a civil lawsuit; both attorneys say their clients deny the allegations.

Source: Google News MT