Cornell Rape Case Defendant Had Consensual Sex with Accuser, Lawyer Claims

The attorney for a Cornell University student accused in a sexual assault lawsuit has stated that her client admits to having sex with the accuser but asserts the encounter was consensual.

Tara Davis, representing Gillio Lopes, appeared on “The Megyn Kelly Show” podcast and acknowledged that Lopes had sexual relations with the woman identified in the lawsuit as Jane Doe. However, Davis disputed the claim that her client sexually assaulted her.

When asked by host Megyn Kelly if Lopes denied having sex with Doe during the alleged October 2024 incident at the Cornell chapter of the Chi Phi fraternity, Davis responded, “No.” Kelly then inquired if Lopes’ defense was that the encounter was consensual, to which Davis replied, “Correct.”

Doe’s civil complaint, filed in Manhattan Supreme Court, names Lopes and six other fraternity members. It alleges sexual assault stemming from an event that began as a consensual threesome involving drinking and drug use on October 19, 2024. The lawsuit claims Lopes entered a room where Doe was with two other fraternity members, took her away from one man, kissed her, and then engaged in sex with her without her consent.

Davis countered these allegations, stating to Kelly, “That’s just not factual.” She added, “It’s not what was presented in the hearing through any of the testimony or the evidence,” referring to Cornell’s internal disciplinary proceedings.

According to Davis, Cornell’s investigation involved a 1,500-page record, approximately 50 witness interviews, and 12-and-a-half days of hearings. She argued that this extensive record was not adequately reflected in Doe’s civil complaint.

Lopes was suspended by Cornell and received additional “educational sanctions,” which included an assignment. Davis clarified that this was in addition to a suspension period and not the entirety of his punishment.

Cornell has publicly stated that its disciplinary process led to expulsions and suspensions for some students involved but has not released individual names or specific sanctions. Davis confirmed that Lopes was found responsible for some policy violations but declined to specify which ones.

Davis also addressed allegations of ketamine use, stating that Lopes did not use drugs that night and that she believes the university’s hearing panel found Lopes was not involved in ketamine use. She asserted that Doe was not incapacitated when Lopes had sex with her, stating, “That’s not how she was presenting, and the evidence will show that she was not presenting in a way that would have suggested that she was not aware of what was happening.”

Regarding a Snapchat exchange that emerged with messages such as “free p—y” from upstairs, Davis stated that Lopes was not active in the group chat and only saw the messages when investigators showed them to him in February 2025.

Davis mentioned that the publicity surrounding the lawsuit has significantly impacted Lopes, who has returned to campus after completing his suspension. She noted that Lopes and his family have faced online targeting and that Lopes has safety concerns.

The seven men involved have not been criminally charged. However, the Tompkins County District Attorney’s office recently announced it is reopening its criminal review and preparing to present evidence to a grand jury.

Davis urged a more open-minded approach, stating, “There’s a lot more that needs to be considered. I would just, you know, encourage people to be perhaps a bit more open-minded and not immediately jump to conclusions about who did what and who’s guilty or not.”

The Post has reached out to Doe’s lawyers for comment.