Jane Doe’s attorney says “she was incapable of consent,” accuses Cornell of “cover-up”
Jane Doe’s Attorney Says Cornell Student Was Incapable of Consent
Wertynews.com – Jane Doe’s attorney says a former Cornell University student was incapable of consent during alleged sexual assaults following an October 2024 fraternity event. The woman, identified in court documents as Jane Doe, was a 20-year-old sophomore at the time.
Her attorney, Thomas Giuffra, alleges that she entered the fraternity house severely intoxicated and was pressured to take ketamine. He says the combination left her unable to understand or stop what was happening.
“She didn't have consent from the time she walked in the door; she was incapable of consent.”
During Cornell’s Title IX process, Jane Doe described feeling detached from her surroundings and physically powerless. Giuffra said she felt as though she was being moved from person to person without control.
Civil Lawsuit Alleges Failures by Cornell and Former Fraternity Members
Jane Doe has filed a civil lawsuit against Cornell University and seven former fraternity brothers. The complaint addresses both the alleged assaults and the response by university officials and investigators afterward.
Attorneys for two of the accused men denied the allegations, and a lawyer for a third man also denied wrongdoing. Cornell said it conducted a lengthy and thorough Title IX investigation and supports the Tompkins County district attorney’s decision to reopen the matter.
Jane Doe’s attorney says he initially believed the response was disorganized but later concluded that officials may have protected the university’s interests. He accused Cornell of putting its reputation ahead of accountability, an allegation the university disputes through its description of a comprehensive review.
“I'm more and more convinced there was a cover-up.”
Questions About the Initial Investigation in Tompkins County
Jane Doe reported the alleged rapes to Cornell University Police about three weeks after the event. Giuffra said investigators did not quickly pursue witnesses mentioned in a fraternity group chat, interview the men involved, or secure phones and other potentially relevant evidence.
He argued that delays can make it harder to establish what occurred because messages may be deleted, memories can fade, and electronic evidence can become more difficult to recover.
“Any case, civil, criminal, you get the evidence as close to the event as possible, and they just blew it.”
New York Gov. Kathy Hochul criticized the handling of the matter by Cornell Police and the Tompkins County district attorney. She said she was disturbed that the district attorney received Jane Doe’s six-page sworn statement rather than a complete transcript and criticized the lack of interviews by the district attorney’s office.
Hochul appointed New York Attorney General Letitia James as special prosecutor on Friday. The appointment adds a state-level review as the reopened investigation continues.
Why Jane Doe Filed the Complaint
Jane Doe’s attorney says the lawsuit was filed after she completed Cornell’s Title IX process and felt emotionally ready to proceed publicly. Giuffra said she needed time to prepare for the possible consequences of bringing the case forward.
The 101-page complaint also required extensive preparation. The case underscores the separate roles of a university Title IX process, which addresses allegations within an educational institution, and criminal investigators, who determine whether evidence supports criminal charges.
FAQ for Cornell and New York Readers
What is a Title IX investigation? A Title IX investigation is a school-based process for reviewing allegations of sex discrimination, sexual harassment, or sexual violence and determining whether institutional policies were violated.
Does a Title IX finding decide a criminal case? No. A campus process and a criminal investigation are separate. Law enforcement and prosecutors make decisions about potential criminal charges.
What does the special prosecutor appointment mean? Letitia James’ appointment means the case will receive additional review at the New York state level while the reopened investigation proceeds.