A transcript obtained by CBS News New York reveals that a woman who alleged she was sexually assaulted by seven men at a Cornell University fraternity house told campus police approximately three weeks after the incident that she was "100% confident I was raped." The newly surfaced document raises further questions about the Tompkins County District Attorney's initial decision not to prosecute anyone.
Tompkins County District Attorney Matthew Van Houten has stated that the woman's initial account to police did not include allegations of being drugged or incapacitated to the point of being unable to consent. However, he also confirmed that the investigation has been reopened due to new information presented in the woman's lawsuit, which was filed this month.
The woman first approached Cornell's campus police about three weeks after the alleged attack on October 19, 2024, returning for further interviews on November 14 and 15, 2024. According to the transcript, she told a campus police officer that the incident involved coercion and stated she was "completely and totally incapacitated" during parts of the assault.
While acknowledging that she had consumed alcohol and drugs and experienced memory gaps on the night she visited the Chi Phi fraternity house, the woman indicated she was comfortable with an initial sexual encounter with two individuals. She expressed discomfort with subsequent events involving other men entering the room.
"And then, of course, I was being hit at the same time. Physically hit very, very hard," she told police, as per the transcript. "I can say with 100% confidence I was raped," she stated to investigators.
The woman, identified as Jane Doe in the lawsuit, filed a complaint on September 16, alleging sexual assault at the Chi Phi fraternity house. Her complaint detailed being pressured into consuming ketamine, marijuana, and alcohol, leading to incapacitation during the assault.
Van Houten told CBS News that he did not review the transcript of the woman's interview when his office decided against pressing charges. Instead, his office relied on a statement written by a campus police officer and signed by the accuser. He has since defended the decision not to conduct further investigation, stating that the collected information from the accuser was comprehensive.
Cornell University first publicly acknowledged the allegations on November 8, 2024, the same day the woman initially reported the incident to police. The university issued a campus-wide alert about a reported sexual assault at a fraternity house and alerted students to allegations of drug coercion. The Chi Phi fraternity was suspended by Cornell on the same day.
In a statement to students later in November 2024, Cornell University President Michael Kotlikoff referred to "deeply disturbing allegations of drug abuse and sexual violence" at the fraternity house that campus police were investigating.
Cornell subsequently formed a task force to address sexual assault on campus. However, public attention on the case diminished following the district attorney's decision not to pursue charges and the limited public disclosure of the university's internal disciplinary investigation.
In a statement this week, Cornell University expressed support for the reopening of the criminal investigation. The university noted that its own investigation resulted in disciplinary actions, including expulsions, for some students. The Chi Phi chapter remains barred from campus, though the university has declined to provide further details on individual student discipline, citing privacy regulations.