New York Supreme Court Justice Phaedra Perry-Bond has permitted the former Cornell University student who sued Chi Phi fraternity members to continue using the pseudonym "Jane Doe," ruling that her privacy interests outweigh the presumption of public proceedings. The judge issued the order on Friday, noting that publicly identifying the plaintiff could expose her to retribution, hinder her career, and endanger her family. Perry-Bond cited the notoriety of the allegations and reports of malicious actors attempting to threaten individuals involved in the case as key factors in her decision.
In an unusual addition to the ruling, the judge warned that attempts to harass or threaten Doe, the defendants, or their attorneys could constitute a federal crime leading to prosecution. While Doe remains anonymous in public filings, the individually named defendants will continue to be identified. Perry-Bond stated that using a pseudonym preserves public access to the case without requiring more restrictive measures like sealing the docket. She also noted that protections for sensitive personal information, such as addresses and phone numbers, should extend to the defendants, inviting parties to propose an agreement for similar protections.
Doe filed her lawsuit in September, accusing seven former Chi Phi members of drugging and raping her on the night of Oct. 19, 2024. The complaint also names the fraternity, Cornell University, and the bar she visited that night. She alleges she was already intoxicated when arriving at the fraternity house, where men pressured her to take ketamine and other substances. The defendants have denied wrongdoing, with some claiming any sexual activity was consensual and others denying involvement. The fraternity was suspended on Nov. 8, 2024, the same day Doe reported the allegations to campus police.
The civil case has intensified scrutiny of local criminal proceedings. Local prosecutor Matthew Van Houten initially declined to pursue charges, stating that Doe's sworn statement from November 2024 described her participation in drug use and sexual conduct as "voluntary, conscious, and consensual." However, CBS New York obtained a transcript from Cornell police interviews on Nov. 14 and 15, 2024, in which Doe told investigators: "I can say with 100% confidence I was raped." Van Houten indicated he had not received this complete transcript. Subsequently, his office decided to reopen the investigation after noting discrepancies between the allegations in the lawsuit and her earlier sworn statement.
New York Gov. Kathy Hochul removed Van Houten from the case days after his reversal, citing a lack of confidence in his judgment. She appointed state Attorney General Letitia James as special prosecutor. The appointment has drawn controversy, with multiple defendants seeking James' removal over alleged bias stemming from a social media post made days before her appointment. On Thursday, James filed a court response arguing that the defendants lack standing and that the governor has the power to appoint a special prosecutor. A separate motion from a former fraternity member asks the state Supreme Court to disqualify James from future grand jury proceedings, arguing her public comments prejudiced potential jurors. That matter remains pending.