ITHACA, N.Y. (Spectrum News) — The Tompkins County District Attorney’s office is reopening the case of an alleged 2024 rape at Cornell University in response to a lawsuit and increased social media attention in recent weeks.
DA Matthew Van Houten, in a press release Monday morning, said he has started the process of revisiting the case, and “the decision whether to pursue criminal charges against the seven fraternity members” alleged in an unidentified woman’s lawsuit to have committed sexual assaults against her in October 2024 at the Chi Phi fraternity house. Van Houten said it followed weeks of calls and emails to his office regarding the case.
Van Houten said, in a sworn November 2024 statement given by the woman — referred to as Jane Doe — to the Cornell Police Department, she “did not allege that she was drugged against her will or gang raped” and that “multiple prosecutors and criminal investigators reviewed Jane Doe’s statement and correctly determined the alleged facts as set forth in the statement do not constitute a crime. This decision was not because the case would have been difficult to prove in court — it was because the facts as set forth in the statement objectively prevent the filing of criminal charges.
“To be clear, the credibility of the woman, who described the facts in excruciating detail, was never in question,” he continued.
As new details emerge about the alleged assault, students like Chloe Scardino say they’re unsettled by how the case was initially handled.
“To see that people weren’t believing her right off the bat was pretty horrifying,” said Scardino.
The DA’s office says it did not bring charges two years ago because the victim’s sworn statement to authorities did not allege a lack of consent, but now, after a newly filed civil lawsuit, the DA’s office will bring the case to a grand jury.
Attorney Greg Rinckey, who is not connected to this case, says it’s a unique situation.
“It’s rare where there’s a civil action and then the criminal case comes out of the civil action, but over time, it’s very common for cases that may not have been charged criminally to be charged later in time as more evidence comes out,” said Rinckey, founding partner, Tully Rinckey Attorneys at Law.
Rinckey says he worries the initial sworn statements that got the case thrown out may make prosecution difficult.
“She said that she voluntarily took alcohol and other substances and that there was no unwanted sexual contact, now, if she’s recanting that and the story’s changing, that’s very hard for the DA to get around because they’ve got to prove this beyond a reasonable doubt, which this could be doubt,” said Rinckey.
Beyond the criminal charges, this new civil suit is also causing people to question whether the university did enough to properly investigate the allegations or discipline the alleged attackers.
The DA’s office confirms it relied on the Cornell University police investigation and the Ithaca Police Department says the incident was not reported to them.
“The university probably should have investigated this further,” said Rinckey.
In 2024, after a Title IX investigation, a range of sanctions were issued, including temporary suspensions, expulsions and barring the Chi Phi fraternity from campus. The victim, however, dropped out.
Now, students like Scaradino want to make sure this won’t happen again.
“I would like to see more action taken and the administration to have a more active stance and to make sure to protect victims,” said Scardino.
The school released another statement Monday morning, supporting Van Houten’s decision and defending its own investigation into the incident.
“Any suggestion that the university did not impose consequential punishments for those involved is false,” read a statement from Vice President for University Relations Kyle Kimball. “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.”
Ithaca Mayor Robert Cantelmo on Monday also responded to the incident, calling the allegations “sickening.”
“Despite the severity of these crimes, Cornell University administrators and police failed to contact or coordinate any response with the Ithaca Police Department. Furthermore, the University failed to hold the perpetrators to account,” Cantelmo said in part. “This is a miscarriage of justice and continues to pose a significant threat to students and residents who may be victimized at unsafe and under-monitored on- or off-campus student events.”
The mayor announced a new policy directive and Common Council resolution.
It would put a moratorium on all student event and special event permits. That’s not only for Greek life but other student group gatherings as well.
The mayor said the moratorium would lift after the university reviews its protocols to prevent and prosecute sexual violence crimes. The Ivy League school would have to release new standards to keep the community safe.
