A transcript from the Cornell University rape case shows the alleged victim told campus police she was “100%” certain she had been raped, while the local district attorney says he had not seen the interview record before deciding not to bring charges.
Prosecutors have now reopened their criminal investigation after the transcript came to light. Cornell’s own inquiry into the allegations resulted in expulsions, suspensions and other sanctions.
Transcript records account given to Cornell police
The interview with the woman, identified as Jane Doe, began on November 14, more than three weeks after the alleged attack, and continued the following day.
She told investigators she had been drinking and taking drugs that night and had gaps in her memory. The transcript distinguishes between sexual activity she described as initially consensual and what she said happened later.
When asked whether she had been comfortable with the initial encounter, she replied: “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 described being physically assaulted, saying: “And then, of course, I was being hit at the same time. Physically hit very, very hard.”
Jane Doe said she could not remember the end of the night, “where I was raped”, and did not know how many people had sex with her. When discussing the later events, she told the investigator: “I can say with 100% confidence I was raped.”
The investigator questioned her about what she had said to the men involved. He warned that some questions might sound accusatory, but said he needed precise answers to establish which charges might apply.
Jane Doe said she had swatted one man’s hand away and told him she was uncomfortable. She told another man “no” several times, or said she was too tired.
When the investigator asked whether she had said “no” or “I’m tired”, she replied: “I think it’s ‘I’m tired.’” He later asked whether she had become tired of answering the men’s questions and given in.
“Yes. It was coercion, yes,” she said, according to the transcript. She also described herself as “completely and totally incapacitated”.
The account was read back to her and amended during the interview. On the second day, she reviewed a revised six-page statement and, before signing it, said: “I’m very confident about this.”
District attorney says transcript was not provided
Matthew Van Houten, the Tompkins County district attorney, said his decision not to bring charges was based on the contents of Jane Doe’s signed 2024 statement.
However, he said he had not seen the transcript of her interview with Cornell police before making that decision. “I’m going to follow up on this because this is news to me,” he said.
When told that Jane Doe had said she was confident she had been raped, Mr Van Houten replied: “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.”
Mr Van Houten said he would seek the transcript and follow up with Cornell police, adding that it “changes the landscape for me”. Cornell said its police department had provided the results of the university’s investigation to the district attorney.
Jane Doe’s lawyer, Thomas Giuffra, questioned why further action had not been taken, saying: “He had a woman who told an officer she was raped and a group chat inviting sexual assaults.”
Mr Giuffra said neither he nor his client had confidence in the district attorney’s ability to handle the investigation and prosecution. He accused Mr Van Houten of being more concerned with protecting his reputation than seeking justice.
Lawyers for two defendants named in the lawsuit have said their clients deny the charges. The final six-page statement signed by Jane Doe has not been made public.
