6 things to know about Cornell University gang rape allegations, reopened investigation

By Samantha Kamman, Christian Post Reporter Wednesday, October 07, 2026

4. Jane Doe describes sexual activity and alleged rape; transcript shows

The woman who accused the fraternity members of sexual assault reported the incident in November 2024 to Cornell police, who then gave Jane Doe’s sworn statement to Tompkins County District Attorney Matthew Van Houten. 

In a Sept. 28 statement, Van Houten explained why his office declined to bring charges at the time, saying: 

“Jane Doe’s sworn statement in November of 2024 did not allege that she was drugged against her will or gang raped,” Van Houten stated. “On the contrary, Jane Doe’s statement described her participation in drug use and sexual conduct as voluntary, conscious, and consensual.”

A transcript obtained by CBS News New York of Doe’s police interview shows that the woman described doing drugs on the night of the alleged sexual assault, and she claimed that she had gaps in her memory. 

Regarding whether she was okay with the initial sexual activity, Doe said, "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."

According to the transcript, Doe claimed that she does not know how many people had sex with her that night. Speaking about what happened to her after the initial sexual activity she claimed to have consented to, Doe said: "I can say with 100% confidence I was raped."

Regarding the woman’s claim that she was confident that she had been raped, Van Houten claimed that part of Jane Doe’s account was not provided to him. 

Regarding the woman's claim that she was confident that she had been raped, Van Houten said he never saw that part of the transcript, according to CBS News.

After Doe filed a lawsuit in September, the district attorney reopened the investigation, but said that the woman’s allegations in the civil complaint are "dramatically different" from her statement to police two years ago.

"It's our intention to present the case to the Tompkins County grand jury with Jane Doe's cooperation," Van Houten told ABC News last month. "We want to reexamine whether there's additional evidence that we were not aware of in November of 2024, that exists now that would change our assessment of the case and would result in the grand jury finding that there was criminal conduct."

Attorneys for some of the accused fraternity members have denied the sexual assault allegations, with attorney Andrew Miltenberg arguing that the accusations “do not reflect the complete record.”

“Cornell previously investigated this matter and developed an extensive factual record. The allegations now being made publicly differ in significant respects from the accounts provided during that investigation and do not reflect the complete record,” Miltenberg asserted. “Those inconsistencies will be tested through discovery and addressed in the litigation.”