NY Prosecutors Reopen Investigation Into Gang Rape Allegations At Cornell University Following Lawsuit 

A former Cornell University student has alleged that in October 2024, she was drugged and gang raped for several hours by seven members of the college’s Chi Pi fraternity. According to her attorney, the allegations were adjudicated without a single accused member of the frat facing criminal charges or receiving any punishment. Now, New York prosecutors are reopening an investigation into the allegations, but only after the former student filed a civil lawsuit, prompting fresh public outrage over what many believe was a gang rape swept under the rug.

According to ABC News, Tompkins County District Attorney Matthew Van Houten said in a statement that his office is considering whether to bring criminal charges related to the incident, but he’s also claiming the allegations in the civil suit filed by the alleged victim, identified only as Jane Doe, were “dramatically different” than the woman’s statement to police two years ago. Houten also admits that his office never investigated the incident, and that it was left to the Cornell University Police Department to handle, which Jane Doe’s attorney says “is challenging for me to understand.”

“It’s our intention to present the case to the Tompkins County grand jury with Jane Doe’s cooperation,” Van Houten told ABC. “We want to reexamine whether there’s additional evidence that we were not aware of in November of 2024, that exists now that would change our assessment of the case and would result in the grand jury finding that there was criminal conduct.” 

As for the investigation supposedly conducted by the school’s police department, Van Houten said the statement Jane Doe gave didn’t include a description of rape or forced drugging.

“She never says that she was drugged without her knowledge,” he said. “She admits to taking drugs and alcohol voluntarily and with knowledge. She does not allege that she was forced to engage in any acts. She does not say that she was physically helpless or unconscious or incapacitated at any point during the time at the fraternity house.”

So what could she have possibly reported, if not an alleged crime?

According to the alleged victim’s attorney, Thomas P. Giuffra, Van Houten is wrong about how he described his client’s initial statement, and he faults the authorities for failing to follow up on her statement with officers of the law trained to investigate this type of alleged crime.

“In my experience, speaking with an abuse survivor requires delicacy, understanding, and specialized training. An average University Police officer would not have these skills. It would be the role of a specially trained detective or district attorney. However, Ms. Doe was never contacted by anybody with those skills,” Giuffra said. 

Giuffra also told CNN, “It is challenging for me to understand how a thorough criminal investigation could have been conducted when she never spoke with anyone other than the officer who took her original complaint.”

“Other than her initial contact with Cornell Police, she was not contacted by investigators from the Tompkins County District Attorney’s Office or any investigators trained in interviewing rape survivors,” he continued. “While I do not care for the attempt to blame Ms. Doe for these failures, we appreciate and support any efforts to prosecute the parties. If the District Attorney’s office is now considering prosecution, I believe that it is a step in the right direction, albeit a late one.”

Let’s back up a bit and get into exactly what Jane Doe is alleging in her lawsuit.

From CNN:

The 101-page complaint brings claims including negligence, breach of contract, sexual assault and battery, and violations of New York’s Human Rights Law.

It says Doe was 20 years old and had been drinking at her sorority house and a bar before she arrived at the Chi Phi house to visit a friend, who was one of the fraternity members on the night of October 19, 2024.

According to the suit, the alleged victim Jane Doe had already consumed about 10 standard drinks within the past 3 hours when she arrived at the fraternity house.

The complaint alleges the friend and another fraternity member gave her more alcohol and pressured her into snorting a substance they described as ketamine, and that she was then sexually assaulted while “incapable of consent.”

At roughly 1:42 a.m., one of the men allegedly sent a message to the fraternity’s Snapchat group chat – titled “Chi Phi Actives” – stating there was “free p—y” upstairs.

By doing this, the suit alleges that one of the accused “encouraged other XI CHAPTER members to join in on the gang rape of plaintiff.”

The filing also reportedly includes a photo of a portion of the chat in which the fraternity member allegedly discusses the incident, which Van Houten told ABC his office never received. Giuffra said the screenshot is a “critical piece of evidence” that was provided to authorities in 2024. According to the complaint, Jane Doe first reported the incident on Nov. 8, 2024.

The complaint also alleges that Cornell suspended the Chi Phi chapter and the seven accused students, two of whom were ultimately expelled, while the rest ” were afforded the opportunity to mitigate their conduct by submitting essays to Cornell.” The university denies that was the case.

“Any suggestion that the University did not impose consequential punishments for those involved is false,” Cornell said in a statement released Monday. “A continuation of the false narrative that there were minimal consequences in this case is irresponsible, will make survivors feel less safe and supported, and will perpetuate the underreporting of sexual assault.”

Cornell also said it “supports the decision of the Tompkins County District Attorney (DA) to provide an opportunity for the victim’s story, in the 2024 Chi Phi fraternity Sexual Assault case, to be heard by a criminal grand jury.”

“Cornell also conducted a thorough Title IX investigation, which is separate from a criminal proceeding, over the course of several months,” Monday’s statement said. “During that investigation temporary suspensions and other restrictive measures were used. After investigation, and pursuant to federal law, the matter was sent to a hearing where a panel of trained faculty and staff heard evidence over multiple days. The complainant and respondents had the opportunity to testify and present evidence. At its conclusion, the hearing panel issued a range of sanctions, which included expulsions and suspensions from Cornell. None of the individuals charged were offered the opportunity to write essays as a sole consequence of their involvement.”

So now we’re back to whether the accused are guilty, because the university’s statement suggests something happened and that students were disciplined for it. Attorneys for at least two of the accused fraternity members have released statements declaring their clients’ innocence.

From ABC:

An attorney for defendant Scott Kretzschmar denied the allegations and said the incident detailed in the complaint “did not happen.” 

“At bottom, Scott never sexually assaulted or even touched the plaintiff in any way. Period,” said attorney Jeremy Saland. “We look forward to confronting the plaintiff in a court of law for her selfishly false claims with both the evidence and her own words.” 

Defendant Scott Norris denied engaging in sexual activity or drug use, though he acknowledged that he sent a message that was included in the complaint. 

“I did not participate in any sexual activity or drug use. I was not found responsible by Cornell for any of the accusations involving sexual activity and drug use for which others received serious consequences. I thoughtlessly engaged in Snapchat and briefly stopped in the room where misconduct happened but not when it happened,” he said through an attorney.

As we noted last week — when we reported on allegations made by Kendall Francis, a creator who goes by Kendall Danielle, who posted a video about being raped at Louisiana State University — on-campus rapes and sexual assaults are far from uncommon; however, what is far too common is the reputations of alleged rapists being prioritized over supporting and believing their accusers. This is why the public response to the news from Cornell has been so intense, notably with mostly women speaking out.

Here’s what Jane Doe said in her own words in a statement to CNN:

“What I experienced from those who raped me in the fraternity was the worst experience of my life. I was brutalized, and it injured me physically but, perhaps more importantly, emotionally. I want to recover from this trauma, but it is extremely difficult. It affects every aspect of my life. It will haunt me and be part of me the rest of my life.”

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