A Cornell University fraternity brother accused in a gang-rape lawsuit is seeking to have his case dismissed, arguing that the allegations against him amount to nothing more than an unwanted kiss and drug use, not sexual assault.
Diego Sarabia is one of seven Chi Phi fraternity members named in a lawsuit filed by a student referred to as Jane Doe. Doe alleges she was gang-raped at a Chi Phi party in October 2024 after being drugged. Sarabia's attorneys filed a motion for dismissal in New York state court, asserting that Doe's lawsuit does not identify him as having participated in the alleged rape but rather as someone who snorted ketamine off her body and forcibly kissed her.
"As far as defendant goes, this is essentially a lawsuit about an allegedly forced kiss," Sarabia's attorney, James C. Knox, stated in the filing. Knox further argued that even if Doe's allegations were true, the claims are either filed beyond the statute of limitations or are legally insufficient.
Knox's motion highlighted that while the complaint collectively accuses the seven defendants of sexual assault and rape, Doe's specific factual allegations against Sarabia do not include sexual intercourse or drug provision. Instead, she accused him of grabbing her face, kissing her, and engaging in ketamine use on her body with others.
"Because plaintiff’s actual claims against defendant are time-barred, inadequately pleaded, or both, the complaint must be dismissed in its entirety," the filing contended. Knox added that an unconsented kiss does not constitute the offenses listed and that Doe cannot bypass the statute of limitations with generalized accusations unsupported by her own specific claims.
Sarabia reportedly lost his job at Wells Fargo in Charlotte, North Carolina, after New York Attorney General Letitia James announced a renewed criminal investigation into the alleged sexual assault. He had been employed at the bank since 2022.