Cornell Student Accused of Rape Suffered "Delayed Recognition," Lawyer Claims Amid Text Message Controversy

The attorney representing a Cornell University student who has accused fraternity brothers of gang rape has pushed back against newly revealed text messages that appear to suggest the sexual encounter was consensual. Thomas Giuffra, the lawyer for the student identified as Jane Doe, stated that his client maintains her allegations of being drugged and sexually assaulted at the Chi Phi fraternity in October 2024.

Giuffra dismissed text messages published by TMZ, which show Jane Doe downplaying the alleged assault in conversations with two of the accused men, Matthew Ingalls and Jonathan Newell. In the messages, Doe reportedly told Newell that "none of the sexual stuff was illegal" and described the incident as a "gangbang" with the phrase "our body our choice." However, Giuffra argued these statements do not indicate consent, attributing them to "classic symptoms of delayed recognition."

This phenomenon, Giuffra explained, is a well-documented psychological response where victims take time to process and recognize the gravity of a traumatic event, such as rape. He noted that many survivors do not immediately identify what happened to them as rape, often experiencing shock, dissociation, or self-blame, especially when the perpetrator is a friend or romantic partner. Alcohol and drugs, he added, can further complicate a survivor's immediate perception of non-consensual acts.

The accused fraternity brothers, including Ingalls, Newell, Winston Lee, Gillio Lopes, Diego Sarabia, Scott Norris, and Scott Kretzschmar, have denied the allegations. While local prosecutors did not press criminal charges, Cornell's Title IX investigation led to the expulsion of Newell and Ingalls. New York Governor Kathy Hochul has appointed Attorney General Letitia James to investigate the case.

The text messages in question also revealed conversations where Jane Doe expressed concern about rumors spreading on campus and her reputation being "destroyed." Ingalls and Newell reportedly reassured her they had attempted to quell the gossip. Giuffra maintained that despite these messages, a "mountain of evidence" supports his client's claims in the civil lawsuit. He emphasized that selectively using parts of communication without understanding the survivor's processing of trauma does a disservice to victims.

Giuffra stated that survivors often need to process the event and receive support from trusted friends before they can fully accept and identify what occurred as rape. He asserted that once Doe reached this point of acceptance, she vigorously pursued her rights. He criticized the tendency to reduce complex trauma responses to "5 second clips," which he believes fails to acknowledge the anguish survivors endure.