Cornell Fraternity Lawsuit Reopens Tompkins County Sexual-Assault Investigation
CBS reports the district attorney had not seen a police-interview transcript before the no-charge decision; the county now says it will reexamine the investigation.
A former Cornell student alleges in a civil lawsuit that seven members of Chi Phi fraternity drugged and sexually assaulted her in 20241. On Oct. 12, 2026, The College Fix posted on X: “If they're BOTH drunk, why is the guy at fault?”2
“I can say with 100% confidence I was raped.”
The post asks why the man is at fault if both parties were drunk, and it names no party, court or lawsuit detail. Its question rests on a single premise: shared intoxication.
The College Fix reports that Doe's initial statement to Tompkins County District Attorney Matthew Van Houten does not match her new lawsuit, and quotes the DA's account that she admitted taking drugs and acting voluntarily1. Van Houten's September 28 statement says his November 2024 decision rested on Doe's sworn statement, which did not allege that she was drugged against her will or gang raped. He wrote that the decision was legally correct3.
CBS News New York obtained a transcript of Doe's campus-police interview, which began Nov. 14, more than three weeks after the alleged assault. In the interview, Doe said: “I can say with 100% confidence I was raped.” She also called the later events coercion and said she was “completely and totally incapacitated.” Van Houten told CBS he had never seen the transcript before his office decided not to bring charges, and he said, “I'm going to follow up on this because this is news to me.” He said the account “changes the landscape for me.”4
Cornell says the DA announced a reexamination of the criminal investigation on Sept. 28, and the university supports it. On Oct. 6, a special committee of Cornell's Board of Trustees retained Sally Yates of King & Spalding to lead an independent review5. Doe's attorney, Thomas Giuffra, said neither he nor Doe has confidence in Van Houten's ability to handle the investigation4.
In November 2024 the DA's office decided on Doe's sworn statement, and the transcript CBS obtained is the account Van Houten says he had not seen. Watch the reexamination5 and Yates's independent review for one answer: whether the transcript reaches the DA's file before any decision is final.
Sources
- Cornell lawsuit sparks debate on consent for both accuser and accused | The College Fix
- @CollegeFix on X, 2026-10-12: Cornell lawsuit sparks debate on consent for both accuser and accused If they're BOTH drunk, why is the guy at fault? https://www.thecollegefix.com/cornell-lawsuit-sparks-debate-on-consent-for-both-accuser-and-accused/, 2026-10-12
- District Attorney statement regarding Jane Doe v. Cornell University, et al
- Jane Doe in Cornell University case told campus police, "I can say with 100% confidence I was raped," transcript shows - CBS New York
- Updates | Addressing Sexual Violence | Cornell University
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