Jane Doe's attorney says "she was incapable of consent," alleges cover-up

The attorney for Jane Doe claims she was incapable of giving consent during an alleged rape at a Cornell fraternity house in October 2024 due to her being severely intoxicated. Her lawyer, Thomas Giuffra, stated that Jane Doe was "incapable of consent" from the moment she walked into the fraternity house, describing her as feeling "floating above herself" and "like a sex worker being shuffled from place to place."

Giuffra alleges there was a cover-up by university officials who were more concerned with protecting the university's reputation than seeking accountability, and he believes the investigation was flawed, failing to take basic investigative steps like interviewing witnesses and securing evidence.

Jane Doe, a 20-year-old sophomore at the time, filed a report with Cornell University Police three weeks after the incident. Giuffra criticizes the university police for not following proper procedures and claims Cornell officials were more focused on protecting the university's reputation than seeking justice. He also represents Jane Doe in a lawsuit against the university and seven former fraternity brothers, alleging sexual abuse.

Gov. Kathy Hochul expressed deep concern over the handling of the case by Cornell Police and the Tompkins County district attorney, stating that the department's decision to send the victim's six-page sworn statement but not the full transcript to the district attorney was a failure. Hochul also criticized the district attorney for not conducting any interviews.

In response to the allegations, the university stated that they conducted a thorough Title IX investigation over several months and supported the decision to reopen the case by the Tompkins County district attorney.