Prosecutors in Tompkins County, New York, have reopened an investigation into an alleged 2024 gang rape at a Cornell University fraternity house following the filing of a civil lawsuit by the alleged victim. The lawsuit, filed earlier this month, details accusations against seven former and current Chi Phi fraternity members and has drawn widespread public condemnation.
Tompkins County District Attorney Matthew Van Houten confirmed Monday that his office is reviewing potential criminal charges. He stated that his office had previously reviewed the incident based on statements the woman, identified as Jane Doe, gave to police two years ago. At that time, she did not allege having been drugged or gang-raped, and Van Houten said the evidence "did not support the filing of criminal charges."
"On the contrary, Jane Doe’s statement described her participation in drug use and sexual conduct as voluntary, conscious, and consensual," Van Houten said. "My office obviously did not and could not have based our November 2024 decision on the allegations in a civil lawsuit that would not be filed until nearly two years later." He added that "it can take years of therapy and healing for victims of sexual assaults to fully process and understand what happened to them." The district attorney's office has reached out to the woman and her attorneys and intends to prosecute "once we determine the appropriate charges."
Attorney Thomas P. Giuffra, who filed the lawsuit, told HuffPost that the original police statement was given while his client was still "traumatized, numb and unable to function or accept the horror of what had happened." He explained that the civil complaint is more detailed because he took time to meet with his client multiple times to learn the specific facts of the alleged assault. Giuffra expressed concern that the passage of time and the accused students not being interviewed at the time of the incident may prevent a full understanding of events.
The lawsuit alleges that the men took advantage of the woman after she entered the Chi Phi fraternity house, stating she was incapable of consenting to sex acts and drug use. According to the suit, one of the men texted other fraternity members in a group chat titled "Chi Phi Actives," indicating "free pussy" upstairs, which led to more individuals entering the room and allegedly assaulting her. The lawsuit includes a photo of the alleged text thread.
The woman reported the incident to campus police days later with the encouragement of friends. This resulted in the university suspending the seven male students and the fraternity chapter. The suit claims the male students were offered an opportunity to mitigate their conduct if they completed an essay.
In a statement last week, Cornell University defended its handling of the incident, stating that its Office of Civil Rights and the Office of Student Conduct and Community Standards "investigated and adjudicated the allegations consistent with university policies." The university declined to comment on specific students or disciplinary actions, citing federal privacy law.