Cornell DA Reopens Gang Rape Probe After Victim's Trauma Revelation
District Attorney Matthew Van Houten will present the case to a grand jury, acknowledging discrepancies with the victim's initial statement.
Tompkins County District Attorney Matthew Van Houten has launched a new criminal probe into allegations that a Cornell University student was drugged and gang-raped by seven fraternity members in October 2024. Prosecutors intend to present the case to a grand jury, seeking to reexamine the alleged attack at the Chi Phi fraternity house.
This development follows a civil lawsuit filed this month by the former student, identified as Jane Doe, who claims seven then-Cornell students participated in the hours-long sexual assault. Her attorney, Thomas P. Giuffra, revealed that Doe remains deeply traumatized by the ordeal nearly two years later, experiencing anxiety, depression, and sleepless nights, and has since stopped attending Cornell.
"It's our intention to present the case to the Tompkins County grand jury with Jane Doe's cooperation," Van Houten told ABC News. "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."
However, Van Houten noted that the allegations in the new civil complaint differ significantly from the account Doe initially provided to police. Prosecutors previously declined to press charges in 2024, as Doe's original statement did not allege she was drugged without her knowledge or engaged in sexual activity without consent. "She never says that she was drugged without her knowledge," Van Houten stated. "She admits to taking drugs and alcohol voluntarily and with knowledge."
Giuffra disputes this characterization and questioned the thoroughness of the initial investigation, arguing that an average police officer lacks the specialized training to interview abuse survivors. He asserted that Doe was never contacted by anyone with such skills.
Van Houten acknowledged that his office relied on the Cornell University Police's investigation and did not conduct an independent inquiry, a common practice in many upstate New York counties. A key point of contention is a Snapchat group conversation described in Doe's lawsuit. The complaint alleges that during the assault, a fraternity member posted to a "Chi Phi Actives" group, referring to Doe and stating there was "free p***y" upstairs. A screenshot described in the filing indicates another member responded, "Like you can walk in and whip it out."
Van Houten stated the group chat was never provided to his office, though Giuffra insists authorities had access to it. "They were given the group chat inviting the members of the fraternity to rape my client," Giuffra said, calling it "a critical piece of evidence supporting that a crime had occurred."
According to the lawsuit, Doe, then 20, arrived at the fraternity house on October 19, 2024, already heavily intoxicated. She alleges she was pressured to take ketamine and given marijuana and high-proof alcohol before being sexually assaulted repeatedly as other fraternity members entered the room. The complaint states seven men eventually participated, rendering Doe "completely incapacitated" until she lost consciousness around 5:45 a.m.
Doe reported the allegations to Cornell University Police on November 8, 2024. Cornell temporarily suspended the fraternity and seven students that day. The university stated it takes allegations of sexual violence "extremely seriously" and that its civil rights and student conduct offices investigated and adjudicated the allegations consistent with university policies. The Xi chapter of Chi Phi remains barred from campus.
At least two of the defendants have denied wrongdoing. Jeremy Saland, an attorney for defendant Scott Kretzschmar, stated the alleged incident "did not happen" and that his client "never sexually assaulted or even touched the plaintiff in any way. Period." Defendant Scott Norris also denied participating in sexual activity or drug use, though he acknowledged sending one message cited in the complaint, stating he "thoughtlessly engaged in Snapchat and briefly stopped in the room where misconduct happened but not when it happened."
Doe has since dropped out of Cornell, with her attorney stating that the consequences have been profound and that she wishes for this not to be her life's story.