Attorney Thomas Giuffra, representing Jane Doe, contends that she was “unable to provide consent” due to her severe intoxication when she arrived at a fraternity house at Cornell University in October 2024, where the alleged assault took place.
“From the moment she entered, consent was absent; she was incapable of giving it,” Giuffra stated during an interview with CBS News.
Giuffra alleges that Jane Doe was coerced into consuming ketamine, which caused her to feel detached from her body and powerless to prevent the events that unfolded. He remarked that she experienced a sensation akin to being a “sex worker” who was being moved around against her will, referencing her testimony from the university’s Title IX investigation.
The attorney criticized the university’s investigation into the alleged incident, asserting that it was flawed at multiple stages. He expressed concern that university officials prioritized the institution’s image over pursuing justice. Jane Doe has subsequently initiated legal action against both the university and seven former fraternity members.
CBS News New York has contacted all individuals accused in the lawsuit and received responses from two attorneys representing the defendants, who refuted the claims. A third attorney has also publicly denied any wrongdoing, as reported by The New York Times. In a statement, Cornell University emphasized that it conducted a “thorough Title IX investigation” spanning several months and expressed support for the Tompkins County district attorney’s decision to reopen the case.
“Initially, I believed it was a case of incompetence, but now I suspect a cover-up. It appears they were more focused on safeguarding the university’s reputation than on seeking accountability,” Giuffra remarked.
Jane Doe, who was a sophomore at the time, reported the incident to Cornell University Police three weeks after the alleged assault. Giuffra criticized the investigators for not taking essential steps, such as interviewing witnesses mentioned in the fraternity’s group chat and gathering evidence while it was still accessible.
“In any legal case, the goal is to collect evidence as soon as possible, and they completely failed to do that. I was genuinely shocked by their handling of such a serious matter,” he commented, suggesting that the Cornell University Police were not adequately equipped to handle such a grave crime.
Governor Kathy Hochul expressed her profound concern regarding the handling of the case by Cornell Police and the district attorney’s office. She labeled the failure to provide the full transcript of the victim’s sworn statement to the D.A. as a significant error and criticized the D.A. for neglecting to conduct interviews. On Friday, she appointed New York Attorney General Letitia James as a special prosecutor for the case.
Giuffra indicated that the lawsuit was filed after Jane Doe completed the Title IX process and felt prepared to proceed legally. “We needed to ensure she was emotionally ready. There was a period when she felt unable to face potential backlash, but she eventually reached a point where she was ready to move forward, and that’s when we filed the lawsuit,” he explained, noting that it took time to compile the 101-page complaint.
A screenshot included in the legal filing reportedly shows a message from one of the defendants in a Snapchat group with numerous fraternity members, indicating that there was a woman upstairs available for “free” sex.
“This group chat was sent to over 50 men, and not a single one of them intervened,” Giuffra asserted.
He acknowledged that the individual who leaked the group chat acted appropriately, as it provided crucial evidence in the case. CBS News New York investigative reporter Mahsa Saeidi obtained text message exchanges between Jane Doe and one of the defendants shortly after the alleged incident, in which Doe remarked that “none of the sexual stuff was illegal.” Giuffra confirmed that she did communicate with this individual soon after the event, but he could not verify the exact content of their conversations.
This message has raised eyebrows, with social media users questioning its relevance to the claims made in the lawsuit.
Giuffra explained that Jane Doe initially went through a phase of denial. As rumors circulated on campus, she eventually came to the realization that she had experienced gang rape, according to newly acquired records from the Title IX investigation.
Out of the seven individuals named in the lawsuit, four are specifically accused of rape.
“While not all of them are gang rapists, they are all sexual abusers,” Giuffra stated, emphasizing that all accused parties engaged in inappropriate behavior and should be held accountable.
