ITHACA, United States — A woman who accused several Cornell University fraternity members of raping her was led to believe that police were still investigating her allegations, her lawyer has said.
Prosecutors had already decided against bringing criminal charges, but she was allegedly not informed that the case had been closed.
The revelation has intensified scrutiny of the university’s handling of the alleged assault, which occurred in 2024 and has prompted student protests, a civil lawsuit, and a new criminal investigation overseen by New York Attorney General Letitia James.
Thomas Giuffra, the woman’s lawyer, told the Associated Press that neither he nor his client understood that the original criminal investigation had effectively ended shortly after she reported the incident.
The woman, identified in court documents as Jane Doe, had continued pursuing her allegations through Cornell’s internal disciplinary system while believing that police were gathering further evidence.
“But nothing was being done, and we didn’t know that,” Giuffra said.
Prosecutor Declined Charges Within Days
The decision not to pursue criminal charges was made by Matthew Van Houten, the Tompkins County district attorney, within days of the woman’s first substantial interviews with investigators in November 2024.
Van Houten has maintained that his office reviewed a six-page police account of her allegations and concluded that there was insufficient basis to proceed with a criminal prosecution.
He said he had instructed Cornell’s police department to notify the woman of his decision, although he acknowledged that he had not personally spoken with her or her lawyer.
Giuffra, however, said his client had been given a different understanding of the situation.
According to the lawyer, she knew that prosecutors were not immediately filing charges but believed that investigators were continuing their inquiries.
Giuffra said he had also assumed that investigators needed additional time to interview witnesses and obtain evidence.
Cornell declined to respond to AP questions on behalf of its police department, citing ongoing litigation.
A request for further comment was also sent to Van Houten.
Police Report Allegedly Omitted Crucial Evidence
Questions about the original investigation have focused on whether the district attorney received an adequate account of what the woman reported.
Van Houten said his decision was based on information provided in a six-page summary prepared by a Cornell police officer.
He concluded that the woman’s involvement in drug use and sexual activity had been “voluntary, conscious and consensual.”
Giuffra disputes that characterisation.
He said the summary left out significant elements of his client’s statements, including her explicit assertion that she had been raped and her description of physical violence.
The lawyer also said the document omitted information about a fraternity member who allegedly circulated a message to a group chat inviting other men to participate in sexual activity involving the woman.
The reported omissions have raised questions about the evidence considered when the decision against prosecution was made.
According to a separate investigation by the New York Times, a Cornell police investigator attempted to bring additional evidence to the district attorney’s attention after the alleged assault but was unsuccessful.
Giuffra said those findings had changed his understanding of the role played by university investigators.
He initially questioned whether Cornell police properly investigated the accusations but later became concerned that prosecutors had rejected their efforts.
The distinction has become important as state authorities review the case’s earlier handling.
Woman Accuses Seven Fraternity Members
The allegations concern an incident at Cornell’s Chi Phi fraternity house in October 2024.
In a civil lawsuit filed in September 2026, Doe accused seven fraternity members of participating in a sexual assault after she was allegedly given alcohol and drugs.
She also alleged that one of the men sent a message encouraging others to join in the assault.
Some of the men have disputed the accusations.
Lawyers representing two defendants have denied that their clients participated in sexual assault.
Others questioned during Cornell’s internal disciplinary proceedings maintained that the sexual activity had been consensual or denied involvement.
No criminal charges followed the initial police investigation.
Cornell conducted a separate Title IX investigation, the federal law governing sex discrimination in educational institutions.
The university subsequently expelled some students and suspended others.
It also closed the Chi Phi fraternity chapter in 2024.
Those disciplinary measures did not resolve whether criminal offences occurred, a question state authorities are now reconsidering.
New York Attorney General Takes Over Investigation
After Doe filed the lawsuit, Van Houten announced he was reopening the criminal investigation.
New York Governor Kathy Hochul subsequently removed the case from his jurisdiction and appointed Attorney General Letitia James as special prosecutor.
The appointment placed responsibility for the investigation with the state’s top legal officer.
Giuffra welcomed the decision.
He said he had been concerned about Van Houten’s proposed approach to the reopened case, including a plan to present the matter to a grand jury and obtain Doe’s testimony within two weeks.
The lawyer questioned whether the timetable would allow investigators sufficient opportunity to examine the available evidence and interview witnesses.
James has not announced a date for completing the investigation, although she has indicated that the process could take several months.
Her appointment has also prompted a legal challenge from one of the men named in Doe’s lawsuit.
On Wednesday, October 7, 2026, the man filed a court petition seeking James’ removal, alleging that she had demonstrated bias through a social media statement made before she was assigned the case.
In the post, James condemned what the woman had allegedly experienced.
The petition argued that her statement raised questions about her ability to approach the investigation impartially.
A spokesperson for James declined to comment on the challenge.
Students Stage Sit-In Over University’s Response
The allegations have generated protests at Cornell, with students demanding changes to the institution’s procedures for responding to sexual assault complaints.
During a demonstration at a campus dining hall, some students occupied tables without buying meals, while others gathered outside carrying signs supporting Doe.
A sign inside the dining hall called for justice for the woman.
Participants also organised a spending boycott intended to draw attention to their concerns about the university’s handling of sexual violence.
Protest organisers have accused Cornell of responding too slowly to complaints while placing excessive emphasis on protecting its institutional reputation.
Their demands include changes to disciplinary procedures and stronger penalties for individuals found responsible for the alleged assault.
Some have called for the expulsion of students involved and the revocation of degrees already awarded to those implicated.
Giuffra said the case had generated considerable public support for his client.
More than 1,000 women had contacted him to express solidarity, share their own experiences of sexual assault, or voice concern about the allegations, he said.
He also reported that he and Doe had received death threats.
Cornell Orders Independent Review of Sexual Assault Policies
Cornell’s trustees have commissioned an external examination of the university’s procedures for investigating sexual assault and harassment.
The review will be led by Sally Yates, a former United States deputy attorney general.
Her assignment includes assessing how the university investigates complaints, how its disciplinary system operates, and how campus police respond.
The review follows mounting criticism of the institution’s handling of Doe’s allegations and other complaints involving sexual misconduct.
Cornell has maintained that it took disciplinary action following its internal investigation, including suspensions, expulsions, and the closure of the fraternity chapter.
The renewed criminal investigation will proceed separately from the university’s administrative review and the civil lawsuit.
The allegations against the seven men remain contested, and the original decision not to pursue charges is now under further review.
