Cornell Student Accused of Assault Seeks Gag Order in Civil Case

Lawyers for Diego Sarabia, one of the men named in a civil lawsuit by a former Cornell University student alleging sexual assault, are requesting a gag order. They asked a New York judge to impose restrictions that would prevent legal counsel and parties involved in the civil case from commenting on the allegations outside of court, citing concerns that ongoing publicity could taint potential jurors.

Attorneys for Sarabia filed a motion Monday arguing that plaintiff's counsel has repeatedly addressed the merits of the case through widely disseminated media statements, presenting disputed allegations and interpretations of evidence before discovery and trial. They contend that such statements risk juror prejudice and the release of sensitive information, potentially leading to threats, doxing, and intimidation.

The case stems from a complaint made to campus police in November 2024 by an undergraduate student, identified only as Jane Doe. She alleged she was drugged and raped by a group of men at the Chi Phi fraternity house. She has since filed a civil suit against the men and the university.

No criminal charges have been filed, but the New York attorney general's office is conducting an ongoing investigation.

The lawsuit and its surrounding publicity have prompted discussions about the treatment of alleged sexual assaults on college campuses nationwide.

James Knox, an attorney for Sarabia, submitted a list of statements made by Thomas Giuffra, an attorney for Jane Doe, which Knox described as "prejudicial." According to the motion, "Plaintiff's counsel has been trying his case in the media since filing the lawsuit."

In response, Giuffra stated that the defense has engaged in leaking confidential documents, giving interviews to question the accuser's story, and calling the lawsuit "immoral." Giuffra asserted that the defense is attempting to silence him and his client because "we have been so successful in rebutting their ineffectual attempts to undermine her story."

Sarabia is accused in the lawsuit of grabbing and kissing Doe before allegedly pouring and snorting Ketamine. He has denied wrongdoing, and Cornell documents previously indicated he argued the interaction was consensual.

Last week, a member of the Marine Corps with the same name as another defendant requested court restrictions on filings, citing harassment and death threats directed at him and his family. Judge Phaedra Perry-Bond agreed to seal some filings on Friday, condemning the "misguided vigilantism" and stating that "innocent people often get hurt" when individuals operate outside established legal frameworks.