Prosecutor in Cornell University case says he never saw transcript of campus police interview with alleged rape victim

Tompkins County Prosecutor Matthew Van Houten said he has never seen a transcript of a conversation between a alleged rape The victim and investigators showed what she said to Cornell University campus police before her office decided not to press charges.

THE transcriptionwhich CBS News New York obtained exclusively from a source, shows the victim telling campus police more than three weeks after the alleged assault: “I can say with 100 percent confidence that I was raped.”

“I’m going to follow up on that because it’s news to me,” Van Houten told CBS News New York on Tuesday about the transcript..

Crow conducted an internal investigation on the alleged gang rape within a fraternity that occurred on October 19-20, 2024 and led to expulsions, suspensions and other sanctions. However, criminal charges were not pursued and prosecutors have now reopened its criminal investigation as the law enforcement response has come under renewed scrutiny.

Van Houten said his decision not to press charges was based on the contents of a 2024 statement signed by Jane Doe, the alleged victim.

When CBS News New York’s Mahsa Saeidi told Van Houten that Jane Doe said she was sure she had been raped, Van Houten said, “That was not information that I had, first of all. Second of all, it’s a legal conclusion.”

“If she had said those words, we certainly would have wanted to explore this further,” Van Houten continued. “As I said, this was not provided to me.”

The prosecutor said he would seek the transcript and follow up with Cornell police.

“No one knows this information about the transcript and it gives me something to really dig into because it changes the landscape for me,” Van Houten said.

Cornell University said its police department provided the results of the school’s investigation to the prosecutor.

Transcript shows Jane Doe describes initial sexual activity and memory gaps

Jane Doe’s interview, the transcript shows, began on Nov. 14 — more than three weeks after the alleged gang rape — and continued the next day. A campus police investigator conducted the interrogation. A Title IX investigator, a victim advocate and Jane Doe’s counselor were also in the room on the first day of the interview.

According to the transcript, Jane Doe described drinking and using drugs the night of the alleged rape and said she had gaps in her memory.

The transcript shows that she distinguished between the initial sexual activity and what happened later, and when asked if she was OK with the first encounter, she responded, “Yeah, as much as I can be because, again, I was super drunk when I got there… But I was pretty OK with the whole thing.”

Jane Doe added, according to the transcript: “And then, of course, I was hit at the same time. Physically, I was hit very, very hard.”

According to the transcript, she said she didn’t remember the end of the night “I was raped” and didn’t know how many people had sex with her.

In describing what happened later that night, the transcript says Jane Doe said, “I can say with 100 percent certainty that I was raped.”

The investigator asked what Jane Doe said to the men

The transcript shows that throughout the interview, the interviewer asks questions while preparing his written statement.

Before discussing what Jane Doe said when men asked her for sex, the transcript says the investigator warned her that her questions could sound accusatory, but said he needed specific answers to determine the correct accusations.

According to the transcript, Jane Doe said she pushed a man’s hand away and told him she was uncomfortable, and that she repeatedly said no to another man or that she was too tired.

“Was it ‘no’ or was it ‘eh, I’m tired’? the investigator asked, according to the transcript.

The transcript states that Jane Doe responded, “I think it’s ‘I’m tired.'”

According to the transcript, the investigator then asked her if she was tired of answering questions from men asking for sex and relented.

“Yes. It was coercion, yes,” Jane Doe said, according to the transcript. She also said she was “completely and utterly incapacitated.”

The transcript shows the interviewer documenting her account, rereading it and asking her to clarify or correct it.

On the second day of the interview, Jane Doe reviewed the revised six-page statement. The transcript shows her advisor asked if she wanted her and another advisor to review the statement.

Before signing, the transcript shows Jane Doe said, “I feel very confident about this.”

Jane Doe’s lawyer: ‘Doing nothing is shocking’

Jane Doe’s attorney, Thomas Giuffra, told CBS News, “What more did (Van Houten) need to thoroughly investigate and prosecute? He had a woman telling a police officer she had been raped and a group chat inviting sexual assault. The failure to do anything is shocking.”

“Neither I nor Ms. Doe have confidence in DA Houten’s ability to handle this investigation and prosecution,” Giuffra said. “He seems more interested in protecting his reputation than seeking justice, as is his duty as a prosecutor.”

Previously, Giuffra said his client denied it after the alleged attack.

CBS News New York has not seen Jane Doe’s six-page final statement. CBS News New York reached out to Cornell and has not heard back.

CBS News New York is in contact with attorneys for the two defendants named in the lawsuit, and they say their clients deny the accusations.