Prosecutors in central New York are reopening a criminal investigation into an alleged rape at a Cornell University fraternity that occurred in 2024. The decision follows a civil lawsuit filed earlier this month by a former Cornell student, sparking public outcry over the incident.
Tompkins County District Attorney Matthew Van Houten said his office is considering whether to bring criminal charges. Van Houten said the allegations in the civil complaint differ significantly from the woman's initial statement to police last year.
The district attorney's office intends to present the case to a Tompkins County grand jury, with the cooperation of the alleged victim, identified as Jane Doe. Van Houten said the reexamination seeks new evidence not available in November 2024.
This reopening comes less than two weeks after the civil lawsuit was filed. The lawsuit alleges the student was drugged, assaulted and gang raped by seven former and current members of Cornell's Chi Phi fraternity.
The alleged incident occurred Oct. 19, 2024. Following the allegations, Cornell's Chi Phi chapter was barred from campus. However, none of the individuals allegedly involved faced criminal charges in 2024.
Van Houten explained his office did not bring charges in 2024 because Jane Doe's statement to authorities at that time did not claim she was drugged without her knowledge or that she did not consent to sexual activities. Van Houten quoted from the statement, saying, "She never says that she was drugged without her knowledge. She admits to taking drugs and alcohol voluntarily and with knowledge. She does not allege that she was forced to engage in any acts. She does not say that she was physically helpless or unconscious or incapacitated at any point during the time at the fraternity house."
Van Houten maintained that he considered Jane Doe a credible source. He also said neither Jane Doe nor her attorneys contacted his office to request reconsideration of her case or to suggest her sworn statement was inaccurate.
Thomas P. Giuffra, Jane Doe's attorney, disputed Van Houten's characterization of his client's initial statement to the Cornell University Police Department. Giuffra criticized authorities for not following up with Jane Doe.
Giuffra argued that speaking with an abuse survivor requires specialized training, delicacy and understanding, skills he believes an average university police officer would not possess. He said a specially trained detective or district attorney should have contacted his client, but Doe was never approached by anyone with those skills. Van Houten on Monday released specific information taken from Jane Doe's sworn initial statement to Cornell police.
Cornell University said it supports the decision to reopen the investigation into the allegations.
