Amid growing scrutiny over the Tompkins County District Attorney’s Office’s handling of sexual assault allegations, two county legislators are calling for an independent audit of the office’s practices and office policy changes.
The office — and District Attorney Matthew Van Houten in particular — have faced mounting criticism over the handling of the alleged sexual assault of “Jane Doe,” a former Cornell University student who alleges she was raped and drugged by seven men at a fraternity house in October 2024.
Tompkins County legislators Irene Weiser (D-District 13) and Iris Packman (D-District 3) filed a resolution calling for the audit, as well as changes to how the office handles sexual assault cases. The resolution cites concerns about how allegations are investigated and prosecuted, whether relevant evidence is fully reviewed, and whether victims and law enforcement receive adequate communication.
The proposal appears on the legislature’s Oct. 20 meeting agenda.
If approved as written, the measure would authorize up to $200,000 from the county’s 2026 contingency fund to hire an independent investigator to examine the office’s policies, practices and handling of sexual assault cases, including those in which prosecutors declined to pursue charges.
In an emailed statement, Van Houten said the office has already begun the work laid out in the resolution and look forward to collaborating with legislators to “review and improve” the case review process. He maintained that the office has upheld its mission to support victims and ensure fairness in the criminal justice system.
Over the past four weeks, Van Houten said he has received an “outpouring of support” but has also “received threats from people across the country.”
“We hope that this review with legislators can serve as a clarifying moment for the community,” Van Houten said.
Van Houten did not pursue criminal charges in 2024 against the men named in Jane Doe’s recently filed civil lawsuit. But after Doe’s allegations were brought to light, and began to be covered by national media, Van Houten said he would explore whether to pursue charges.
He said a sworn statement prepared by Cornell University Police in 2024 and signed by Jane Doe presented her “participation in drug use and sexual conduct as voluntary, conscious, and consensual.”
But transcripts of Doe’s original interview with a Cornell police officer, obtained by national outlets, show she expressed “100%” certainty that she had been raped and described the encounter as “coercion.”
Van Houten has maintained that his office was not provided with a full account of Doe’s allegations and has cited discrepancies between the sworn statement and her interview as a central reason prosecutors initially declined to pursue charges.
The proposed audit follows Gov. Kathy Hochul’s announcement earlier this month that she had “lost faith” in Van Houten’s ability to conduct the criminal investigation Hochul subsequently removed Van Houten from the case and assigned New York Attorney General Letitia James as special prosecutor.
James’ appointment has since faced a legal challenge. One of the men accused in Jane Doe’s civil lawsuit is seeking to remove James from the investigation, arguing that her previous comments about the allegations raise questions about her ability to be impartial.
So far, all of the men named in Jane Doe’s civil lawsuit have denied wrongdoing and have not faced criminal charges.
Asked whether or not she or other legislators would consider calling for Van Houten’s resignation or removal, Weiser said they want to “take a measured approach and see where the investigation leads.” She added that she hoped it would not get to the point where the DA’s removal became necessary.
What’s in the resolution
Weiser said the proposed review is intended to determine whether prosecutors’ handling of the Jane Doe case reflected broader problems within the office.
“Many of us are Jane Does, it’s real to us and we get it, but we’re not here to just condemn, we’re here to learn more,” Weiser said. “We hope that [an investigation will] be part of how we can restore faith in the DA’s office and do better.”
The resolution also urges immediate changes to the office’s handling of sexual assault cases. Reforms include assigning sexual assault cases to specially trained prosecutors who would handle them throughout litigation. It also calls for prosecutors to speak with victims directly before deciding whether to pursue criminal charges.
Other proposed changes would also require prosecutors to “review all reasonably available and relevant investigative evidence” before making a decision, or document why they did not review certain evidence.
Additionally, the measure calls for greater protections for victims’ privacy in public statements, including avoiding language that “disparages or criticizes” victims and allowing victims to review their statements before they are released.
Weiser said she was particularly troubled by Van Houten’s Sept. 28 nine-page statement explaining his office’s decision not to pursue criminal charges in the Jane Doe case.
“I think that the piece that has been the most jarring and hurtful and awful is the nine page press release the DA issued where in my view, he threw Jane Doe under the bus to defend his actions of why he didn’t prosecute.” Weiser said.
Asked whether she thought some of the blame lay with Cornell University or its police department, Weiser said she felt there was “blame to go all around.”
The resolution does not specify how far back the review would extend or how many cases would be examined. If approved, Weiser said, those details would be worked out with county attorneys.
Weiser said the proposed investigation is not meant to dictate decisions in individual cases or prejudge anyone’s guilt or innocence, but rather to examine office policies and public conduct.
“Frankly, what went down in our minds [with the Jane Doe case] was not acceptable. It’s not how we want to see our DA’s office perform,” Weiser said. “[But] I want to be very clear, this is not about making any judgment about his legal determinations. That’s his purview.”
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