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

Jane Doe’s attorney, Thomas Giuffra, tells CBS News the investigation into her alleged rape at a Cornell fraternity was a failure and university police “were in over their heads.”

Jane Doe's attorney, Thomas Giuffra, tells CBS News the investigation into her alleged rape at a Cornell fraternity was a failure and university police "were in over their heads." Jane Doe's attorney argues she was "incapable of consent" because she was "completely, grossly intoxicated" when she arrived at a Cornell fraternity house the night she was allegedly raped in October 2024. "She didn't have consent from the time she walked in the door; she was incapable of consent," her lawyer, Thomas Giuffra, told CBS News. Giuffra claims Jane Doe was pressured to take ketamine, which he says left her feeling as though she were "floating above herself" and like a ragdoll — unable to stop what was happening.

"And she felt like, you know, like a sex worker just being shuffled from place to place in a bit, unable to stop it," he said, referring to transcripts of Jane Doe's testimony in Cornell's Title IX investigation. Giuffra says the investigation into her alleged rape failed at nearly every turn, and he now believes university officials were more focused on protecting Cornell's reputation than seeking accountability. Jane Doe has filed a lawsuit against the university as well as the seven former fraternity brothers. CBS News New York has reached out to all of the accused and, as of Friday afternoon, heard