[UPDATED 10 a.m. Sept. 28 with a statement from Tompkins County District Attorney.]
The Tompkins County district attorney plans to reopen an investigation into a 2024 allegation of gang rape at Cornell University in Ithaca after a female student, identified only as Jane Doe, filed a lawsuit this month against seven male fraternity members.
The woman alleges that after having drinks in Ithaca, she attended a party at the Chi Phi fraternity house, where she was given more alcohol and coerced to use ketamine. A text chat told frat members that a woman was available for sex.
Jane Doe’s lawyer has alleged that only two of the seven were expelled, with the others reinstated after writing essays. Jane Doe dropped out of Cornell.
ABC News reports Tompkins County District Attorney Matthew Van Houten blamed Cornell University Police for doing an incomplete investigation, noting his office was not made aware of the text chat. His office did not prosecute at the time, believing Jane Doe’s actions were voluntary.
In a statement provided to WRVO Public Media, Van Houten said he intends to present the case to a Tompkins County grand jury.
“We want to reexamine whether there's additional evidence that we were not aware of in November of 2024, that exists now that would change our assessment of the case and would result in the grand jury finding that there was criminal conduct,” Van Houten said.
In the District Attorney's eight-page statement, he provides a narrative of Jane Doe's statement to police. Van Houten says the narrative, which quotes Doe, suggests that she consented to sex with several young men while pushing away others and does not mention a serial sexual assault.
"[T]here is no evidence in Jane Doe’s statement indicating that she clearly expressed that she did not consent to the act. According to the statement, each time Jane Doe asked to stop the sexual conduct, the sexual conduct stopped. Thus, with no evidence of a 'lack of consent,' criminal charges simply could not be sustained," Van Houten said.
He called the conduct of the male students "disgusting and morally reprehensible" and noted, "I recognize the reality that it can take years of therapy and healing for victims of sexual assaults to fully process and understand what happened to them. Seeking justice sometimes requires us to reconsider or reopen cases when we are provided with additional evidence."
Read the full statement from Tompkins County District Attorney Matthew Van Houten below:
In a statement issued earlier this month, Cornell University said its punishments were in line with university policy. However, in a statement issued Monday morning, the University said it supported the reopening of a criminal investigation.
"Any suggestion that the university did not impose consequential punishments for those involved is false," said Kyle Kimball, Cornell's vice president for university relations. "[It is] A continuation of the false narrative that there were minimal consequences in this case is irresponsible, will make survivors feel less safe and supported, and will perpetuate the underreporting of sexual assault."
Speaking in Ithaca on Sunday, Rep. Alexandria Ocasio-Cortez (D-N.Y.) argued that university policy remains the core problem.
"The culture of rape, sexual assault and pedophilia is protected in elite institutions across the United States, including Cornell University in this instance," Ocasio-Cortez said.
Ocasio-Cortez recalled being groped within 10 seconds of walking into her first college party, later seeing at other parties young men taking advantage of women incapacitated by drugs or alcohol. She said the country is sick and tired of morally bankrupt leadership.
"The fact that she had to lose her education and those men were protected by an institution and granted an Ivy League degree as a reward? Never again. Never again," Ocasio-Cortez said.
Ocasio-Cortez spoke in Ithaca Sunday as part of a tour called “Students vs Billionaires,” to urge young people to register to vote and to campaign actively for candidates.
