Ithaca Bar Denies Serving Alcohol to Cornell Student Before Alleged Fraternity Rape
Moonies Bar and Nightclub disputes claims made in a lawsuit by a student who alleges she was served to intoxication before being sexually assaulted.
Moonies Bar and Nightclub in Ithaca, New York, has denied allegations that it served alcoholic beverages to a Cornell University student until she was visibly intoxicated, shortly before she claims she was gang-raped at a fraternity house. The bar's response comes as part of a bombshell lawsuit filed by the student, identified by the pseudonym Jane Doe.
According to the lawsuit, Jane Doe, who was 20 years old at the time, was allegedly served multiple drinks at Moonies, consuming the equivalent of 10 drinks in under three hours. She claims bar staff marked her hand to indicate she was underage but proceeded to serve her alcohol to the point of intoxication. Following her time at the bar, she alleges she went to the Chi Phi fraternity house, where she was gang-raped by seven members over several hours.
In a statement to the Daily Mail, Moonies asserted that its bartenders strictly followed rules and only served patrons with valid identification wristbands. The bar maintained that no alcohol was served to individuals marked as underage. The bar owner also noted that Jane Doe had previously worked at another of his establishments and had discussed the allegations of the fraternity incident without mentioning being intoxicated or served alcohol by Moonies.
The allegations have ignited significant attention at Cornell University, though none of the seven men accused in the lawsuit have been criminally charged. These men have also denied all wrongdoing.
The level of intoxication on the night of the alleged assault has become a central point of contention. Audio released by ABC News features one of the accused, Matthew Ingalls, telling Jane Doe that he did not believe she was intoxicated when they engaged in sexual activity. In a recorded phone call, Ingalls stated Jane Doe told him she was sober. Jane Doe countered in the recording, asserting she had consumed "10 shots deep" before the alleged sexual assault by seven individuals.
Jane Doe stated in the audio that she required emergency room treatment and therapy due to "so much damage on my body and my brain" following the alleged assault. Ingalls maintained his innocence, suggesting Jane Doe convinced him she was not intoxicated and had not been anywhere else before arriving at the fraternity house.
Jane Doe's civil lawsuit names seven Chi Phi fraternity brothers: Jonathan Newell, Winston Lee, Gillio Lopes, Diego Sarabia, Scott Norris, and Scott Kretzschmar, in addition to Ingalls. The Tompkins County District Attorney's office previously declined to press charges, citing insufficient evidence.
Initially, Jane Doe provided a sworn statement to investigators indicating she consented to sex with two individuals but felt incapacitated as the night progressed and more men allegedly joined. Her civil lawsuit, however, details allegations of being pressured to snort ketamine and being sexually assaulted over a seven-hour period.
The audio recording reveals exchanges where Ingalls describes the sequence of events, including inviting Jane Doe to dance and subsequently asking her to join him and another person in his room, after which additional fraternity members allegedly joined. Jane Doe recounts confusion about the number of individuals involved, recalling four men in a bed at one point with others present. Ingalls expressed doubt about her recollection, suggesting it might not be accurate, to which Jane Doe responded by insisting she remembered seeing "too many people."
Jane Doe's lawsuit also alleges that Ingalls posted a photo of her to a fraternity group chat with the caption, "Boys come whip it out." Ingalls and another student were reportedly expelled by the university following an investigation, with two others suspended. Two individuals were cleared, and one had already graduated.
District Attorney Matthew Van Houten defended the decision not to pursue criminal charges, stating that Jane Doe's sworn statement to police differed significantly from her civil lawsuit claims. Van Houten noted that her initial statement described her actions as "voluntary, conscious, and consensual" and did not include allegations of being drugged or gang-raped. The handling of the case has drawn scrutiny, leading to protests on Cornell's campus.