Prosecutors reopen review of alleged 2024 sexual assault at Cornell University
ITHACA, N.Y. (NBC, KYMA) - As the Ithaca Mayor Robert Cantelmo calls for a pause on Cornell University Greek life and student gatherings, an attorney for Jane Doe is speaking out on behalf of his client.
It's the story making headlines nationwide, putting Cornell University in Ithaca on the radar for all the wrong reasons.
The Ivy League research institution, among the most elite in the country, is now in the spotlight over the alleged gang rape of a former Cornell student in 2024, an assault the victim claims was mishandled.
"Multiple frat members knew about it. Multiple frat members participated in it, multiple times. They plyed her with ketamine," said Thomas Guiffra, Jane Doe's attorney.
The woman, referred to as Jane Doe, filed a 101-page civil complaint against Cornell, Chi Phi Fraternity and more.
The lawsuit claims one defendant sent a text a Snapchat text advertising a "free" sexual encounter, encouraging other frat members to join the assault.
"The fact that they sent an invitation out to 57 men to rape a woman and nobody did anything to stop it, this is horrible. I've never seen anything like it," Guiffra expressed.
Tompkins County District Attorney Matthew Van Houten released a nine-page statement on the lawsuit filed by Jane Doe against Cornell, saying he learned of the civil complaint ten days ago, calling the allegations against seven former members of the Chi Phi Fraternity "heinous and despicable."
No criminal charges were ever filed and the D.A. is now shining light on why.
Van Houten said Jane Doe's initial sworn statement did not allege she was drugged against her will or gang raped.
He said her initial statement described her participating in drug use and sexual conduct as voluntary, conscious and consensual.
He said the woman never reached out to say her original statement was inaccurate and neither she nor her attorney contacted him.
Her lawyer said she still bears the scars of what happened.
"But it's very difficult to put the pieces back together when everything has been taken from you and that's what's happened to you. And that's what's happened to her," Guiffra shared.
D.A Van Houten said Cornell University Police informed his office of their investigation in November of 2024.
He was asked to review whether criminal charges should be filed, and said multiple prosecutors and criminal investigators reviewed Jane Doe's statement and found there was no crime.
The D.A has not released her full statement from 2024, but portions of it.
In it, she texts a male friend, describing her level of intoxication as a five out of ten. Then, she arrived at Chi phi and opens a beer, engages in sexual activity with two men, saying she was "excited" and "pretty ok" with it.
Another man enters the room and starts kissing her then four other men arrive.
At this point, the statement says, she has trouble remembering what happened next, but recalls one of the men asking if she wanted to do more ketamine.
The statement says the sexual activity continued until 5:45 a.m. Eastern when she said she was tired.
The attorney for one of the men said there's no evidence his client committed sexual assault.
"Nobody would be proud of words that can be construed as really ugly, nasty things, but we can also recognize that saying things and typing immature things are not the same as committing sex crimes," said Jeremy Saland, attorney for one of the suspects.
The district attorney says to bring charges, he would need to prove beyond a reasonable doubt that the sexual act was committed without the victim's consent, either through physical force, mental incapacitation, physical helplessness or no consent.
Van Houen stands by his decision not to prosecute the men two years ago but is now re-opening the investigation, saying he recognizes it an take years of therapy and healing for victims of sexual assault to fully process and understand what happened to them.
His office will now present the case to a grand jury to consider if criminal charges should be filed.
