Prosecutor reopens criminal investigation into Cornell 'gang rape' allegations

A New York state prosecutor has reopened a criminal investigation into an alleged gang rape at a Cornell University fraternity in 2024 after a civil lawsuit filed last week by the alleged victim drew national attention.

In a lengthy statement released on Monday, Tompkins County District Attorney Matthew Van Houten announced that he had started pursuing criminal charges against seven fraternity members and would present the case to a grand jury. 

He also sought to explain why he initially decided not to prosecute them.

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According to Van Houten, the woman identified in the civil lawsuit as "Jane Doe" did not say that she was "drugged against her will or gang raped" in her 2024 sworn statement to police.

"On the contrary, Jane Doe's statement described her participation in drug use and sexual conduct as voluntary, conscious, and consensual," Van Houten said. "My office obviously did not and could not have based our November 2024 decision on the allegations in a civil lawsuit that would not be filed until nearly two years later."

Cornell University issued a statement saying it supports the district attorney's decision to reopen the case while pushing back against claims that the school did not thoroughly punish those involved in the alleged assault following its own Title IX investigation.

"Any suggestion that the university did not impose consequential punishments for those involved is false," the university said. "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."

What does the lawsuit allege?

On Sept. 14, Jane Doe filed a civil lawsuit against Cornell University and seven members of the Chi Phi fraternity, alleging that she was the victim of a "gang rape" at the fraternity house when she was incapable of consent — and that the school failed to protect her from "sexual predators" on its campus.

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The defendants named in the lawsuit include Cornell, the seven fraternity members, the Chi Pi fraternity, the woman's own sorority, Delta Delta Delta, and an off-campus bar that allegedly served her alcohol.

She is seeking unspecified compensatory and punitive damages resulting from "sustained psychological injuries, severe emotional distress, along with pain and suffering and loss of enjoyment of life."

According to her lawsuit, Jane Doe was a 20-year-old student at the school in October 2024 when she went to visit a friend at the fraternity house on Cornell's Ithaca, N.Y., campus while intoxicated. Shortly after arriving, Jane Doe alleged that she was pressured by two fraternity brothers into snorting what they said was ketamine before sexually assaulting her. One of the men then allegedly sent a message to the fraternity's Snapchat group chat suggesting that she was available for sex. According to the complaint, multiple other members of the fraternity showed up, and she was raped for hours.

During the alleged assault, the fraternity members "began pouring lines of Ketamine all over her body and snorting them," according to the complaint.

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"At around 5:45 AM, this assault concluded and Plaintiff lost consciousness," the lawsuit stated.

About three weeks later, on Nov. 8, 2024, Jane Doe reported the incident to the university's police department.

What was Cornell's response?

According to the lawsuit, the accused fraternity members were temporarily suspended while Cornell conducted a months-long Title IX investigation that included at least 12 hearings. According to the suit, the accused fraternity members were "afforded the opportunity to mitigate their conduct by submitting essays to Cornell."

Two of the seven accused fraternity members were ultimately expelled, while the others received lesser sanctions, according to the complaint. Jane Doe dropped out of school.

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Last week, Cornell issued a statement saying it is "aware of a lawsuit concerning the deeply disturbing allegations of sexual assault involving members of the student community that occurred in 2024."

The school said it concluded its Title IX investigation but would not disclose individual sanctions, citing federal privacy laws.

"The Cornell Office of Civil Rights and the Office of Student Conduct and Community Standards investigated and adjudicated the allegations consistent with university policies. The Xi chapter of Chi Phi fraternity remains barred from our campus," the statement said: "Federal privacy law prohibits Cornell from disclosing specific information regarding individual students and we therefore are unable to make a public statement on any other disciplinary response. Violations of university policies could lead to sanctions up to and including suspension or expulsion. We will respond in detail through the legal process."

The university also pointed out that it launched a task force on campus sexual assault in the wake of the incident and issued a report in March with recommendations for "an environment that fosters sexual health and safety."

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"Several of the recommendations have already been implemented, while others are in development with oversight by a university implementation committee," Cornell said.

Reactions to the allegations

The lawsuit and its harrowing allegations prompted reactions from several celebrities, including Florence Pugh, who posted a lengthy response on Instagram calling for men to speak out against sexual violence.

"This is really the moment where we need our men to be as horrified and as sickened as us," Pugh wrote. "You need to be leading conversations about how we change the allowance and complicity of this behaviour as much as we are. How can you expect us to trust that it's 'not all men' when in moments like this, many of you stay quiet?"

Toby Morton, a former South Park writer, launched a website, TheCornell7.org, dedicated to holding the school and the accused fraternity members accountable.

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"Accountability is coming," Morton wrote on Instagram.

Van Houten, the district attorney, said that "over the past two weeks, many people have called my office, left voicemails, and sent emails about this case."

"Some people have understandably sought answers," he said. "Others have simply insulted and sometimes threatened my office and my staff."

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