New York state prosecutors have reopened a criminal investigation into an alleged 2024 fraternity gang rape at Cornell University. The case gained national attention after the survivor filed a civil lawsuit against the Ivy League school and seven male defendants in September, according to [thejournal.ie].
Criminal Investigation Reopened After Civil Lawsuit Filed
The alleged incident occurred on October 19, 2024, at the Chi Phi fraternity house in Ithaca, New York, as reported by [thejournal.ie]. Jane Doe, a 20-year-old undergraduate student at the time, went to the fraternity house after consuming about 10 drinks over three hours with her sorority sisters. Once inside, she alleged she was given drugs and additional alcohol before being assaulted by multiple fraternity members.
A Snapchat group chat submitted in the lawsuit showed members discussing a “free pussy upstairs” at 1:42 a.m., with participants asking if the “shop still open.” The encounter allegedly continued until 5.45 a.m., involving ketamine, marijuana, and alcohol.
https://x.com/rgoodlaw/status/2105832029145416103
Jane Doe reported the assault to the Cornell University Police Department on November 8, 2024. Campus police produced a six-page statement that was handed over to Tompkins County District Attorney Matthew Van Houten. Van Houten initially declined to file criminal charges, stating that the initial police interview summary did not allege rape or non-consensual drug use.
Transcript Reveals New Details and Police Interview Statements
An internal university investigation led to expulsions, suspensions, and other sanctions for individuals involved, according to [CBS News]. Investigative reporter Mahsa Saeidi of CBS News New York obtained a transcript of the survivor’s November interview with campus police.
https://x.com/voteshekar/status/2105066075498930489
In the transcript, Jane Doe stated she was “physically hit very, very hard” and declared with “100% confidence I was raped” regarding the later hours of the night. District Attorney Van Houten stated he had never seen that transcript prior to deciding against criminal charges, noting it provides “something to really dig into because that changes the landscape for me,” as reported by [CBS News].
Jane Doe’s attorney, Thomas Giuffra, criticized the district attorney’s handling of the case, telling [CBS News], “What more did he need to do a thorough investigation and prosecute? He had a woman who told an officer she was raped and a group chat inviting sexual assaults.”
https://x.com/nataliapetrzela/status/2105250883709870307
New York Governor Kathy Hochul appointed the state’s attorney general as a special prosecutor to oversee the investigation, removing Tompkins County District Attorney Matthew Van Houten from the case, [BBC] reported. Governor Hochul stated that new information raised serious questions and that she lost faith in the local prosecutor’s ability to oversee the matter fairly.
Voluntary Intoxication Loophole Sparks Legislative Debate
The case has renewed scrutiny over a legal loophole in New York and roughly 19 other states regarding voluntary intoxication, [CNN] reported. Current laws can make prosecuting sexual assault challenging if a survivor voluntarily consumed drugs or alcohol before an attack.
New York Assemblyman Jeffrey Dinowitz has repeatedly sponsored legislation since 2019 to prevent the use of a victim’s voluntary intoxication as a defense in sex crimes where the victim was incapacitated, according to [CNN]. The bill has not yet reached the House floor for a vote despite support from advocates and lawmakers.
Frequently Asked Questions About the Cornell University Case
Why did the Tompkins County District Attorney initially decline to prosecute?
District Attorney Matthew Van Houten stated his office relied solely on a summary of the police interview provided by university police, which he claimed did not explicitly allege rape or non-consensual drug administration at the time, according to [thejournal.ie] and [BBC].
https://x.com/MicrobiomDigest/status/2105151101414920504
What disciplinary actions did Cornell University take against the accused students?
Cornell temporarily suspended the Chi Phi chapter and the accused students while investigating, and later launched a Title IX inquiry that resulted in expulsions and suspensions, though the lawsuit alleges some students were permitted to submit essays to mitigate consequences, as noted by [CBS News].
Who is currently leading the criminal investigation?
New York Governor Kathy Hochul appointed the state’s attorney general as a special prosecutor to handle the investigation, taking oversight away from Tompkins County District Attorney Matthew Van Houten, according to [BBC].
The Tompkins County District Attorney’s office previously declined to bring charges in 2024 before reopening the criminal inquiry following the civil lawsuit filed in September.
More on Jane Doe
Keep reading