Cornell rape inquiry: DA reopens case after civil lawsuit, ignored key Snapchat evidence

The Tompkins County DA is reconsidering criminal charges over a 2024 alleged gang rape at Cornell's Chi Phi fraternity. A civil lawsuit revealed Snapchat messages never shared with prosecutors.

Cornell DA reopens fraternity rape inquiry after civil lawsuit exposes evidence gaps

The Tompkins County District Attorney in New York state has reopened a criminal investigation into an alleged gang rape at a Cornell University fraternity in 2024, after a civil lawsuit filed earlier this month triggered widespread outrage on and off campus. As nytimes.com reports, prosecutors say they are now considering whether criminal charges can be brought — more than a year after the case was initially closed without prosecution.

District Attorney Matthew Van Houten confirmed in a statement that his office intends to present the case to a Tompkins County grand jury, provided the alleged victim, referred to 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," Van Houten told ABC News.

The civil lawsuit, filed by a former Cornell student, alleges she was drugged, assaulted and gang raped by seven former and current members of the Chi Phi fraternity on 19 October 2024. Cornell's Chi Phi chapter was barred from campus following the alleged incident, but none of the individuals named faced criminal charges at the time.

DA defends original decision not to charge

Van Houten explained that his office did not pursue charges in 2024 because the woman's initial sworn statement to Cornell University Police did not, in his reading, allege non-consensual conduct. According to a summary of the six-page typewritten statement he released publicly on Monday, Jane Doe told officers she had agreed to a sexual encounter with two fraternity brothers, describing her motivation in part as "drunken curiousness."

The summary describes a sequence in which additional men entered the room and became involved in sexual activity. Jane Doe told police she had difficulty recalling parts of what followed. At one point, according to the document, one of the men said something "very rude and mean" to her, later apologised, and attempted to kiss her — an advance she moved to stop. The summary also states that some of the men asked to ingest drugs off her body.

"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.

He added that he considered Jane Doe credible, and noted that neither she nor her attorneys had ever contacted his office to request reconsideration of the case or to indicate that her original sworn statement was inaccurate.

"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," Van Houten said.

Attorney disputes account, cites failure to follow up

Thomas P. Giuffra, the attorney representing Jane Doe, rejected Van Houten's characterisation of his client's initial statement and criticised authorities for never conducting a proper follow-up interview with her.

"In my experience, speaking with an abuse survivor requires delicacy, understanding and specialised 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.

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

Snapchat messages never reached prosecutors

A central dispute has emerged over a screenshot of a Snapchat group chat included in the civil complaint. Jane Doe's legal team alleges the messages show fraternity members discussing the incident. Giuffra described the messages as a "critical piece of evidence" that were provided to authorities in 2024. Van Houten, however, said the screenshot was never forwarded to his office.

The DA's acknowledgement that he did not independently investigate the case — and that potentially significant digital evidence never reached prosecutors — has drawn sharp criticism. Van Houten said his office is now seeking to determine whether that evidence, or other material that has since emerged, would alter the legal assessment of the case.

"While the behaviour 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," Van Houten said.

Broader fallout at Cornell

The civil lawsuit has reignited debate about how Cornell University and local law enforcement handle sexual assault allegations involving fraternities. The Chi Phi chapter remains barred from campus. New York Governor Kathy Hochul has separately removed Van Houten from the investigation, stating that Jane Doe was "failed" by both police and the prosecutor, according to reporting aggregated by Yahoo News.

The grand jury process, if it proceeds, will determine whether sufficient evidence now exists to bring criminal charges against any of the seven individuals named in the civil complaint. Jane Doe's cooperation, Van Houten indicated, will be central to that outcome.

Source: Google News MT