Cornell Rape Case: Jane Doe's Explicit Assault Account Omitted From Police File Sent to DA, Hochul Says

New York Governor Kathy Hochul says Jane Doe, a former Cornell student, told campus police in 2024 she was '100 per cent sure' she had been raped. Hochul stated on 2 October that those words were missing from the police account sent to the district attorney. The criminal investigation was initially closed that year without charges.

Jane Doe is suing seven men, who told Cornell they did nothing wrong. Hochul has now transferred the case from the district attorney, who never questioned Jane Doe, to Attorney General Letitia James. James can present evidence to a grand jury, a citizens' panel that decides whether to indict.

What the Police Record Missed

Jane Doe's September lawsuit alleges that men plied her with drugs and alcohol inside Chi Phi fraternity house on 19 October 2024, then sexually assaulted her while she was partly or fully incapacitated. In November, campus police passed her signed six-page statement to prosecutors. Tompkins County District Attorney Matthew Van Houten says he never received the full interview transcript. Hochul later issued an executive order transferring the case to James.

Van Houten has defended his decision, saying the statement never claimed anyone drugged Jane Doe against her will. Nor did it say she could not consent or that anyone forced her into sex. That matters because New York law recognises non-consent through forcible compulsion or incapacity. Drink or drugs generally count as incapacity only when administered without consent, though charges can still follow when the victim was unconscious. Van Houten says Cornell did not give him the full picture, but the school insists its officers shared their findings.

Why Hochul Removed the Local Prosecutor

Hochul said police had sent prosecutors a 'partial record', and that prosecutors spoke to no one involved before closing the case. On 1 October, the governor's order made James special prosecutor, placing her in control of the investigation. James has said her inquiry will take months and promised 'a process New Yorkers can trust, guided by the facts and the law.'

Jane Doe's lawyer, Thomas Giuffra, said 'contradictions between the district attorney's statements and those of the Cornell police have been shocking.' At a 1 October student forum, dozens of students and local residents pressed Cornell leaders for answers. Women have posted 'I am Jane Doe' videos to shield her identity from people attempting to expose it. Cornell, whose investigation expelled some students, has agreed to hire outside lawyers to review its response.

What Happens Next for the Case

Andrew Miltenberg, a lawyer for one of the accused men, has urged James to leave the case to senior staff in her office. He questioned whether her earlier public remarks showed she had already accepted the claims. Two of the men, through lawyers, deny taking part in any assault.

Hochul also wants New York's rape law amended to cover people who drank or took drugs voluntarily but could no longer consent. 'Voluntary intoxication is not a license for sexual assault or gang rape, period,' she said. Van Houten has maintained that his office never doubted Jane Doe's account.