Cornell Jane Doe Can Remain Anonymous in Civil Case, Judge Rules

A New York Supreme Court judge has granted a request for the former Cornell student accusing Chi Phi fraternity members of rape to continue using the pseudonym "Jane Doe" in the civil case. The decision by Justice Phaedra Perry-Bond addresses concerns that public identification could lead to "retribution and retaliation," hinder the accuser's life and career, and cause shame to her family.

The accuser, referred to as Jane Doe, also expressed fear for her family's safety and reported experiencing significant anxiety, depression, and insomnia. None of the named defendants opposed her request to maintain anonymity, according to the court order.

Perry-Bond ruled that Doe's privacy interests outweighed the public's right to full transparency in court proceedings, especially given the "notoriety of the allegations" and reports of individuals attempting to threaten or retaliate against those involved. The judge issued a warning within her order, stating that any attempts to harass or threaten Doe, the defendants, or legal counsel could constitute a federal crime, leading to prosecution.

Allowing Doe to proceed as Jane Doe was seen by the judge as a measure to preserve public access to the case without resorting to more restrictive actions, such as sealing court documents or closing proceedings.

While Doe will remain anonymous, the individually named defendants will continue to be identified in court filings. The judge also suggested that protections for sensitive personal information should be extended to these defendants and potentially others involved in the case.

Doe filed her lawsuit in September, alleging that seven former Chi Phi fraternity members drugged and raped her on the night of Oct. 19, 2024. The complaint also names the fraternity, Cornell University, and a bar Doe visited that evening as defendants. She claims she was pressured to consume ketamine and other substances at the fraternity house after arriving intoxicated. The defendants have denied wrongdoing, with some stating any sexual activity was consensual and others denying involvement.

The fraternity was suspended on November 8, 2024, the same day Doe initially reported sexual assault allegations to campus police. However, local prosecutor Matthew Van Houten initially declined to pursue criminal charges, stating Doe's sworn statement did not include allegations of being drugged against her will or of gang rape, describing her participation in drug use and sexual conduct as "voluntary, conscious, and consensual."

Later, CBS New York obtained transcripts of Cornell police interviews from November 2024, where Doe stated with "100% confidence I was raped." Van Houten subsequently announced his office was reopening the investigation due to discrepancies between Doe's lawsuit allegations and her initial sworn statement. Governor Kathy Hochul later removed Van Houten from the case, appointing State Attorney General Letitia James as special prosecutor, citing a lack of confidence in his judgment.

James' appointment has faced challenges, with several defendants seeking her removal due to alleged bias stemming from a social media post she made prior to her appointment, which they contend showed sympathy for Jane Doe. James, in a court filing, argued the defendants lack standing and that the governor possesses the authority to appoint a special prosecutor. A separate motion is pending that seeks to disqualify James from grand jury proceedings due to alleged prejudice against potential jurors.