NY prosecutors reopen Cornell University gang-rape investigation

New York state prosecutors have reopened a criminal inquiry into the alleged gang rape of a student at Cornell University, following a wave of public outrage and the filing of a civil lawsuit. The investigation focuses on an incident from October 2024 at a Chi Phi fraternity house, where seven men are accused of sexually assaulting a woman who was then 20 years old.

On Monday, Tompkins County District Attorney Matthew Van Houten confirmed that his office is preparing to present the case to a grand jury. A senior female prosecutor has been tasked with preparing the case for the grand jury's review to determine if criminal charges are warranted.

Conflicting Accounts and Legal Discrepancies

The reopening of the case centers on a stark discrepancy between the victim's original report to authorities and the claims made in her civil lawsuit. Van Houten defended his office's initial decision not to pursue charges two years ago, stating that Jane Doe's sworn statement in November 2024 did not allege she was gang raped or drugged against her will.

According to a summary of the statement provided to Cornell University police in 2024, Doe described her participation in sexual conduct and drug use as voluntary, conscious, and consensual. In that account, Doe told police she agreed to sexual activity with two Chi Phi members due to attraction and drunken curiousness. The summary describes a sequence where a third man joined the activity, followed by four other men entering the room. The 2024 statement notes that Doe told police she quickly backed away when one man attempted to kiss her and responded Sure when others asked to take drugs off her body.

But the civil lawsuit filed in September presents a different narrative. In the suit, Doe alleges she was plied with alcohol and drugs to the point of intoxication, including ketamine, marijuana, and Jamaican Liquor (believed to be high-proof rum), leaving her unable to consent. She alleges she was repeatedly raped over seven hours, was slapped multiple times, and felt unable to escape the room because her phone was placed on the opposite side of the room. Doe claims she lost consciousness around 5.45am on 20 October 2024 and later discovered a large bruise on her buttocks.

Evidence and Allegations of Leniency

Central to the lawsuit is a Snapchat group chat titled Chi Phi Actives. Doe alleges a member sent a message stating there was free pussy upstairs, which encouraged other fraternity members to join the assault. The lawsuit included a photo of these messages as evidence.

Thomas Giuffra, the attorney for Jane Doe, criticized the original investigation, stating that neither the district attorney nor Cornell police followed up with his client. Giuffra told ABC News that the police were given the group chat, which he called a critical piece of evidence, yet no further interviews were conducted with Doe. He argued that Doe was in self-preservation mode and traumatized following the assault, and that she was never contacted by a specially trained detective.

The handling of the perpetrators by the university has also become a point of contention. While Cornell University spokesperson Kyle Kimball stated that the university imposed consequential punishments, the lawsuit claims only two of the seven members were expelled. The suit alleges other offenders were merely required to attend workshops, serve short suspensions, or write essays.

Cornell has disputed these claims, stating that none of the individuals charged were offered the opportunity to write essays as a sole consequence of their involvement. The university confirmed that the involved Chi Phi chapter was closed in 2024 and remains barred from campus.

Defense Responses and Public Reaction

The seven men named in the lawsuit are Matthew Ingalls, Johnathan Newell, Winston Lee, Gillio Lopes, Diego Sarabia, Scott Norris and Scott Kretzschmar.

Defendant	Defense Position / Statement
Scott Kretzschmar	Attorney Jeremy Saland states he never touched the plaintiff and was not involved in sexual activity or ketamine use.
Scott Norris	Denied sexual activity and drug use; admitted to sending a Snapchat message and briefly entering the room.
Other Defendants	Legal representation status for all named defendants was not immediately clear.

Jeremy Saland, representing Kretzschmar, stated his client welcomes any further investigation by the district attorney, maintaining that his client only responded to the group chat with an immature comment.

The case has attracted national attention, including a statement from actress Florence Pugh on Instagram, who praised the victim's strong will and called for men to lead conversations on changing the complicity of this behaviour.

Next Steps

The case now moves to the grand jury phase. Under the US legal system, the grand jury will weigh the testimony and evidence provided by the District Attorney's office to vote on whether to issue criminal indictments against the seven named individuals. Van Houten stated that once charges are determined, the case will be prosecuted in the most objective and impartial means possible.