DA Reopens Cornell Gang Rape Probe Amid Threats After Releasing Victim's Statement

Tompkins County District Attorney Matthew Van Houten announced he is reopening an investigation into an alleged gang rape at Cornell University in November 2024, following intense public scrutiny and threats directed at his office. Van Houten's office released excerpts of the alleged victim's six-page statement to campus police, a move described as unusual by former prosecutors.

Van Houten stated that the victim's initial statement did not allege criminal misconduct, leading to the initial decision not to press charges. However, he explained that a subsequent civil lawsuit filed by the accuser, identified as "Jane Doe," provided additional details that prompted the reopening of the criminal investigation. The DA's office received numerous calls and emails, some containing threats, after news of the case broke.

"The community outrage stemming from the incomplete news and social media coverage requires that I provide an answer to why the investigation resulted in a lack of criminal charges," Van Houten said in a statement. He added that while the behavior of the fraternity members was "disgusting and morally reprehensible," criminal prosecutions must be based on evidence, not emotion.

The victim's statement, as detailed by the DA's office, describes an evening at the Chi Phi fraternity house where she claimed seven brothers drugged and sexually assaulted her. She reported agreeing to a threesome with "Male Number 1" and "Male Number 2" while intoxicated, initially believing they were gay. The statement further describes a scene of drug use, including ketamine, and sexual encounters involving multiple individuals, with her intoxication level increasing throughout the night.

According to the DA's account of the statement, the victim reported rejecting a suggestion for a foursome, citing concerns about anal sex. She also described being kissed by "Male Number 7" and later engaging in another threesome after initially being tired. The encounter reportedly concluded around 5:45 a.m.

Van Houten emphasized that Doe's statement did not indicate she was drugged against her will or that she was unconscious and helpless. He characterized her participation in drug use and sexual conduct as "voluntary, conscious, and consensual" at the time of her initial report.

The seven accused fraternity brothers are Johnathan Newell, Winston Lee, Gillio Lopes, Diego Sarabia, Scott Norris, Scott Kretzschmar, and Matthew Ingalls. The civil lawsuit filed by the accuser claims she was incapacitated and taken advantage of. The lawsuit also revealed text messages among the fraternity brothers, including one that reportedly read, "free p--sy."

Cornell University issued a statement asserting that some accused students were expelled and called the claim that any brothers faced minimal consequences "irresponsible." The university stated that "a continuation of the false narrative that there were minimal consequences in this case is irresponsible, will make survivors feel less safe and supported, and will perpetuate the underreporting of sexual assault."

Former prosecutors expressed surprise at Van Houten's decision to release such detailed excerpts from the victim's statement before any charges were filed. They noted that such a move is highly unusual in sex crime cases, where prosecutorial offices typically try to protect a complainant's privacy and credibility.

"It's incredibly odd to ever bring out the statements of a complainant in almost any scenario," said former prosecutor Julie Rendelman. "But certainly when you're dealing with the victim of a potential sex crime and you're hoping for fair and impartial members of the community to listen to the grand jury."

Another former prosecutor, Seth Zuckerman, suggested that releasing the statement could potentially aid the defense in both criminal and civil proceedings, creating reasonable doubt. Van Houten's office defended the release as necessary to address public outrage and clarify the basis for the initial decision not to prosecute.