- The alleged victim, referred to as Jane Doe, reported to campus police that she was "recently raped by 8-10 men at the Chi Phi fraternity house," according to documents reviewed by ABC News.
- The Tompkins County District Attorney's Office declined to review additional evidence beyond Doe's six-page statement, which was condensed from an approximately 120-page transcript, and decided not to bring charges.
- Prosecutors decided not to pursue charges based on Doe's statement, with a Cornell police investigator noting that "Criminal charges would not be pursued in this case." The DA's office stated that "Multiple prosecutors and criminal investigators reviewed Jane Doe’s statement and correctly determined the alleged facts as set forth in the statement do not constitute a crime."
- The statement prosecutors reviewed did not include a separate, extensive transcript in which Doe said, "I can say with 100% confidence I was raped."
- Cornell's president, Michael Kotlikoff, acknowledged the case raises "heartbreaking and troubling issues about sexual assault, dehumanization, and aspects of party culture, alcohol, and drug use," and announced an independent review by an outside law firm.
- New York Governor Kathy Hochul expressed horror at the handling of the case, stating, "What we have learned about the handling of this case is horrifying. No young person who comes forward seeking help should ever be ignored or dismissed." The criminal investigation has been turned over to the New York Attorney General.
- Doe's attorney, Thomas P. Giuffra, criticized District Attorney Van Houten, saying, "I don’t credit much about what D. A. Van Houten did during the course of this investigation. I think D. A. Van Houten had an agenda. I think that agenda was to protect Cornell University." Van Houten responded, "He is absolutely wrong."
- Doe's attorney stated that a medical professional advised her to "speak with somebody" without offering a rape kit, and that by the time she went for a rape kit on 11/7, "all of the DNA evidence was gone."
Jane Doe reported being raped by 8-10 men at the Chi Phi fraternity house, but the Tompkins County District Attorney's Office declined to pursue charges, stating that the facts did not constitute a crime.1234
The DA's office only reviewed a six-page statement from Doe, ignoring a more extensive transcript where she asserted, “I can say with 100% confidence I was raped.”7
In response to the handling of the case, Cornell's president announced an independent review by an outside law firm, emphasizing the need for accountability.
Governor Kathy Hochul criticized the investigation's handling, stating, “What we have learned about the handling of this case is horrifying.”1011
Doe's attorney, Thomas P. Giuffra, expressed distrust in the DA's actions, claiming there was an agenda to protect Cornell University. He noted that a rape kit, which could have provided crucial DNA evidence, was not administered in a timely manner, stating, “By the time she went for the rape kit on 11/7 all of the DNA evidence was gone.”12131415
The investigation has now been transferred to the New York Attorney General, with the university supporting this move.
“The DA's office declined to review evidence beyond Doe's six-page statement, which omitted her assertion 'I can say with 100% confidence I was raped.' Her attorney says a medical professional failed to offer a rape kit, and by the time she got one, 'all of the DNA evidence was gone.'”
