Cornell University ‘gang rape’ case: 5 things to know as Tompkins County DA reopens criminal probe into Chi Phi members

Central New York prosecutors have relaunched their investigation into gang rape allegations at a Cornell fraternity, prompted by a civil lawsuit

Prosecutors in central New York have announced they are relaunching their investigation into allegations of ‘gang rape’ at a Cornell University fraternity chapter during 2024, following a civil lawsuit filed in recent weeks that generated significant public concern regarding the matter.

Tompkins County DA seeks new evidence in Cornell fraternity rape probe: 5 things to know

1. Tompkins County District Attorney Matthew Van Houten stated in a public announcement that his office is evaluating the possibility of pursuing criminal charges stemming from the incident. However, he noted that the claims presented in the civil filing are “dramatically different” from the account the woman provided to law enforcement officers two years ago.
2. “It's our intention to present the case to the Tompkins County grand jury with Jane Doe's cooperation,” Houten stated to ABC News. “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.”
3. The case's resumption occurs within a fortnight of a former Cornell University student initiating civil proceedings, claiming she was administered drugs, physically assaulted, and subjected to gang rape by seven Chi Phi fraternity members at the institution.
4. Cornell's Chi Phi chapter found itself banned from campus following the reported incident, even though the District Attorney's office confirmed that no criminal charges were filed against any of the individuals allegedly involved.
5. Van Houten explained that his office chose not to pursue charges in 2024 since the woman's account to authorities did not claim she had been given drugs or that she had not agreed to participate in the sexual activities. “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 stated.

Cornell University's Xi chapter of Chi Phi fraternity remains barred from campus as legal scrutiny intensifies over gang rape claims from 2024. (X/@Cornell)

Jane Doe's attorney speaks out

Jane Doe's lawyer, Thomas P. Giuffra, took issue with how Van Houten characterized the woman's original account given to Cornell University Police Department officials and criticized the authorities for failing to reach back out to his client for any follow-up conversations.

“In my experience, speaking with an abuse survivor requires delicacy, understanding and specialized training. An average University Police officer would not have these skills. It would be the role of a specially trained detective or district attorney. However, Ms. Doe was never contacted by anybody with those skills,” he said, as per ABC News.

In a September 21 statement, Cornell University explained that federal privacy regulations prevent it from sharing specific details about individual students or how disciplinary matters are handled publicly. The university noted that breaches of its policies may lead to consequences ranging from warnings to suspension or expulsion.

Additionally, Cornell confirmed that the Xi chapter of Chi Phi fraternity is currently “barred from our campus.”