A New York prosecutor is taking a second look at a 2024 case out of Cornell University. The investigation into an alleged rape at a Cornell fraternity house will be reopened, authorities said Monday. That decision came after a lawsuit lit up the internet and got people asking why nobody was ever charged in the first place.
For those not too familiar with the story, a former student, known in court papers as Jane Doe, says she was 20 when she went to the Chi Phi house in Ithaca on Oct. 19, 2024. She says a friend and another member gave her more alcohol and pushed her to snort a powder they called ketamine. The suit says she was then assaulted while “incapable of consent.” According to the lawsuit, a message went out to the fraternity’s group chat around 1:42 a.m. telling members about a woman upstairs. She says that message brought five more men into the room and that the assault lasted several hours. The complaint says it went on until about 5: 45 a.m.
Now Doe didn’t stay quiet she actually reported the incident to Cornell police on November 8, 2024. However, no one was arrested. Cornell’s Chi Phi chapter was barred from campus, but none of the accused faced criminal charges, according to the DA. Her lawyer, Thomas Giuffra, is not hiding his frustration. “Not one of these guys was arrested,” he told CBS News New York. He also says only two of the seven accused men were expelled, while the others got lighter sanctions like suspensions, workshops or essays.
Despite that claim, Cornell says that part is false.
The school says a hearing panel issued a range of sanctions, including expulsions and suspensions, and that the fraternity stays barred from campus. So why did the DA pass on charges before?
Tompkins County District Attorney Matthew Van Houten says the story in the lawsuit is “dramatically different” from what she told police. He says her first statement did not claim she was drugged without her knowledge or forced into anything. Her lawyer pushes back hard. Giuffra says the police report was “not materially different” from the lawsuit. He also says group chat messages were handed over in 2024 and ignored. But prosecutors say they never saw them.
Even with that disagreement, Van Houten called it “morally reprehensible.” He says he has already started talking with Jane Doe and her attorneys. Once charges are decided, the case will go before the Tompkins County Grand Jury.
As of now, these are allegations, and nobody has been convicted. However, Tompkins County District Attorney Matthew Van Houten said in a written statement,
“I have been asked by the community to revisit the decision whether to pursue criminal charges against the seven fraternity members. I have already begun that process, starting with our conversation with Jane Doe and her attorneys. Once we determine the appropriate charges, the case will be prosecuted in the most objective and impartial means available – by testimony to the Tompkins County Grand Jury.”
“The Grand Jury will be able to consider the testimony of Jane Doe as well as any new evidence raised by the allegations of the civil complaint. Upon a vote by the Grand Jury to indict any or all of the individuals involved, this office will prosecute the charges zealously and to the fullest extent of the law.”
If you or someone you know has been sexually assaulted, RAINN’s free, confidential hotline is available at 1-800-656-HOPE (4673).