Cornell Gang Rape Lawsuit Prompts DA to Reopen Criminal Investigation

A civil lawsuit alleging gang rape by seven Chi Phi fraternity members at Cornell has prompted prosecutors to reopen the 2024 case. The DA cites new evidence not reviewed previously.

Cornell Fraternity Sexual Assault Case Heads Back to Grand Jury

A civil lawsuit filed by a former Cornell University student alleging she was drugged, assaulted, and gang raped by seven members of the Chi Phi fraternity in October 2024 has prompted prosecutors in central New York to reopen their criminal investigation, NPR National reports.

Tompkins County District Attorney Matthew Van Houten announced that his office intends to present the case to a grand jury, provided the alleged victim — identified in court documents as Jane Doe — cooperates. "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," Van Houten told ABC News.

The announcement came less than two weeks after Jane Doe filed the civil complaint, which alleged the assault took place on October 19, 2024, at the Chi Phi fraternity house on Cornell's campus. Cornell's Chi Phi chapter was barred from campus following the incident, though no criminal charges were filed at the time.

Why No Charges Were Brought in 2024

Van Houten said his office declined to pursue criminal charges in 2024 based on the contents of Jane Doe's six-page sworn statement, which she provided to Cornell University Police in November of that year. According to a summary of that statement released by the DA, Jane Doe told police she had agreed to engage in sexual activity voluntarily, citing her own attraction to one of the fraternity brothers and what she described as "drunken curiousness."

"She never says that she was drugged without her knowledge. 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," Van Houten said in a public statement.

The DA added that while he considered Jane Doe credible, neither she nor her attorneys had contacted his office before the civil lawsuit to request reconsideration of the case or to indicate that her original sworn statement was inaccurate.

Van Houten acknowledged in an interview with ABC News that his office relied entirely on the Cornell University Police investigation and did not conduct an independent inquiry — a practice he described as standard for many upstate New York counties.

Attorney Disputes Account of Initial Statement

Jane Doe's attorney, Thomas P. Giuffra, disputed the DA's characterization of his client's initial statement and criticized authorities for failing to follow up with her after the original report.

"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 said that a screenshot of a Snapchat group chat — in which Jane Doe claims fraternity members discussed the alleged incident — was submitted to authorities in 2024 but never reached the DA's office. Van Houten confirmed that the screenshot had not been provided to his office and that it was not part of the original investigation. Giuffra described the messages as a "critical piece of evidence."

DA Defends Decision, Acknowledges Public Pressure

Van Houten said he released portions of Jane Doe's sworn statement publicly because widespread outrage on social media following the civil lawsuit had created what he called an incomplete picture of the case.

"While I generally refrain from commenting publicly on criminal investigations, the community outrage stemming from the incomplete news and social media coverage requires that I provide an answer to why the investigation resulted in a lack of criminal charges," he said.

The DA's summary of the sworn statement describes a series of encounters that evening between Jane Doe and multiple fraternity members. According to the document, additional men entered the room throughout the night. At one point, a fraternity member identified as Male Number 7 made a rude remark to Jane Doe before apologizing and attempting to kiss her, at which point Jane Doe "quickly backed away." The summary also describes an episode in which fraternity members ingested drugs off Jane Doe's body before two other members entered the room and told the group to stop.

Despite those descriptions, Van Houten maintained that the criminal justice system requires prosecutions to be grounded in evidence rather than public sentiment. "While the behavior of certain Chi Phi fraternity members was without question disgusting and morally reprehensible, the foundation of the criminal justice system is that criminal prosecutions must be based upon evidence and not emotion," he said.

Civil Lawsuit and University Obligations

The civil complaint, filed earlier this month, names seven former and current Chi Phi members as defendants. The allegations in the lawsuit differ significantly from the account Jane Doe provided to police in 2024, according to Van Houten, who described the two versions as "dramatically different."

The reopening of the criminal inquiry runs parallel to the ongoing civil case, in which universities face separate legal obligations when students report sexual assault — regardless of whether prosecutors elect to bring criminal charges. The civil lawsuit has drawn significant national attention and renewed scrutiny of how Cornell and law enforcement handled the original complaint.

Source: NPR National