Cornell rape case DA says he had not seen victim's interview transcript

Tompkins County District Attorney Matthew Van Houten told CBS News New York that he had not seen a transcript of the interview between Cornell University campus police and the alleged rape victim before his office decided not to file charges. The transcript, obtained exclusively by CBS News from an unnamed source, records the victim saying she was "100% confident I was raped" more than three weeks after the alleged assault.

Van Houten said the statement was not part of the evidence he reviewed and that his decision relied on a signed 2024 statement from the victim. He added, "> That wasn't information that I had, first of all. Second of all, that is a legal conclusion. If she had said those words, we certainly would want to have explored that more. Like I said, that wasn't provided to me."

The university’s internal investigation into the alleged fraternity gang rape, which led to expulsions and suspensions, did not result in criminal charges. After learning of the transcript, Van Houten said he would obtain it and re-examine the case, noting that the new information could "change the landscape" for the investigation.

According to the transcript, the victim described drinking and drug use on the night of the incident, gaps in her memory, and being physically assaulted. She distinguished between initial consensual activity while intoxicated and later coercion, stating she was "completely and totally incapacitated" and that she was hit "very, very hard."

The victim’s attorney, Thomas Giuffra, criticized the DA’s handling of the case, calling the lack of prosecution "shocking" and suggesting the prosecutor was more concerned with his reputation than seeking justice.

Cornell University said its police department had provided the results of its investigation to the district attorney’s office. CBS News has not seen the victim’s final six-page statement and has not received a response from the university regarding the transcript.