A lawyer representing the woman who reported being gang-raped at a Cornell University fraternity party stated that she was given misleading information regarding the status of the criminal investigation following her initial report to the police. Despite pursuing her case through Cornell’s internal disciplinary procedures, the woman was under the impression that a criminal investigation was still ongoing, according to attorney Thomas Giuffra. However, the district attorney decided not to pursue criminal charges shortly after initial interviews with the woman.
The district attorney did not directly communicate with the woman or her lawyer about the decision, leaving them under the impression that the investigation was active. Giuffra expressed surprise upon learning that no further action was being taken, assuming that investigators were still gathering evidence.
Following a summary of the woman’s account, the district attorney concluded that no crime had occurred, attributing the incidents to voluntary and consensual actions. This interpretation contradicted the woman’s statements to authorities and her claims in the subsequent lawsuit against the fraternity members and Cornell University.
Despite facing death threats, the woman and her lawyer have received substantial support, including protests on the Cornell campus and numerous messages from women sharing their own experiences of assault. The investigation into the case was reassigned from the district attorney to the state attorney general, Letitia James, after public outcry and concerns over the handling of the case.
Sally Yates, a former U.S. deputy attorney general, has been enlisted by Cornell trustees to review the university’s response to sexual assault and harassment cases, including the disciplinary process and campus police actions.