The District Attorney overseeing a former Cornell University student’s claims that she was brutally sexually assaulted by seven fraternity brothers for at least seven hours in 2024 admitted — despite never pressing charges — that “something untoward did happen” at the frat house on the night of the alleged assault.
The woman, identified under the alias of Jane Doe, claimed in a civil lawsuit that she was sexually assaulted at the Chi Phi fraternity house on Cornell’s campus in Ithaca, New York, on October 19, 2024. She went to the house after a night of drinking and claimed she was pressured to snort ketamine, smoke marijuana and drink alcohol before she was gang raped by seven fraternity brothers.
Alleged group messages showed the fraternity brothers celebrating and advertising “free p****,” using a derogatory term for a woman’s vagina, at the time of the alleged rape.
Doe, who was 20 at the time, reported the alleged incident weeks later, but no criminal charges were filed against the men. She ultimately dropped out of Cornell, and after the institution allegedly declined to refund her tuition. It’s alleged that only two of the seven frat members were suspended for their conduct, while others were reportedly ordered to right essays and attend workshops.
In light of the lawsuit, Tompkins County District Attorney Matthew Van Houten announced on Monday, September 28, that his office is reopening the case with plans of eventually presenting evidence to a grand jury for possible indictment.
According to Van Houten, Doe’s initial six-page statement to Cornell police did not include claims that she was drugged or gang raped. Instead, the statement “described her participation in drug use and sexual conduct as voluntary, conscious, and consensual.”
On Tuesday, September 29, Van Houten addressed criticism that Doe’s decision to report the encounter should have prompted a more in-depth and thorough criminal investigation conducted by his office.
“Something untoward did happen,” Van Houten told People. “It was morally disgusting. It was the wrong thing and a 20-year-old doesn’t understand, as most people don’t understand, the distinctions between something that seems wrong, that feels wrong, is morally wrong, and whether that constitutes a crime.”
Van Houten then addressed why the woman might have gone to police if she believed the encounter was consensual, explaining that sometimes people report conduct that does not meet the legal definition of a crime.
“She believed something happened that was wrong, and everybody agrees with her about that,” he said. “Whether it was a crime is up to the police to investigate, which they did, and for my office to determine whether the facts supported criminal charges.”
Van Houten also reflected on the Snapchat messages that the frat brothers allegedly sent each other on the night of the assault.
“What we hope for the young men in our lives is that they would not make the decisions that these men made, given the circumstances of October 19 and 20, 2024,” he said. “That was morally wrong, morally disgusting.”
Despite condemning their actions, Van Houten said that what the frat brothers did may not have been criminal.
“That’s what we need to to determine based upon Jane Doe’s continued recollection and additional insights that she might have, and any other evidence that she can help us with,” he said.
New York law recognizes three ways to establish lack of consent, which include forcible compulsion, being unconscious or physically helpless and being incapacitated after someone administered drugs without the victim’s knowledge.
After Van Houten announced his plans to reopen the investigation, Cornell University issued a statement explaining the institution’s support for the decision.
“During that investigation, temporary suspensions and other restrictive measures were used. After investigation, and pursuant to federal law, the matter was sent to a hearing where a panel of trained faculty and staff heard evidence over multiple days,” Kyle Kimball, the Vice President for University Relations, said in the September 28 statement. “The complainant and respondents had the opportunity to testify and present evidence. At its conclusion, the hearing panel issued a range of sanctions, which included expulsions and suspensions from Cornell. None of the individuals charged were offered the opportunity to write essays as a sole consequence of their involvement.”
If you or someone you know has been sexually assaulted, contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673).
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