ITHACA, N.Y. (CNY Central) — As the investigation into the Cornell fraternity rape case is being reopened, CNY Central is asking who could be charged with a crime. Jane Doe’s lawsuit is against seven fraternity brothers from Chi Phi, Cornell University and other entities and organizations.
The Tompkins County District Attorney Matthew Van Houten has revealed that he was only give a small portion of everything that Jane Doe had provided Cornell University, Campus Police ad Title IX investigators.
The information Van Houten hadn’t been given, seemingly, is the full interview transcript from Jane Doe with campus investigators.
Thursday, October 1, is when he finally received that information. This was not the case, according to Van Houten, back in 2024 when he was considering possible criminal charges.
Before Thursday, however, Cornell University had claimed its police department shared all of the investigatory information with the District Attorney’s Office.
This withholding of information for a bit would not be considered for a criminal charge, according to legal experts.
Rick Trunfio, former Onondaga County Prosecutor, said, “There’s no criminal charge. Could you look at obstruction of justice, which is a crime under New York State law? Possibly.”
In Jane Doe’s lawsuit against the school and seven Chi Phi fraternity brothers, her side of the story is laid out. During the night of the alleged incident on October 19, 2024, there was a Snapchat message from one of the seven named sent to what is believed to be a group chat of active members of Chi Phi. Snapchat is a messaging app popular with teenagers and young adults.
The explicit message in the group chat told members in the chat that the body of Jane Doe was “free.”
As for the group chat members who may or may not have read that text, legal experts explained they cannot be held liable for anything.
Greg Rinckey, founding partner of Tully Rinckey Law Firm, said, “You can’t be charged. There’s no duty to intervene in a crime unless you have a duty to report it, and these individuals did not.”
“The answer’s no because you were in a group chat; you’ve committed no conduct,” said Trunfio.
CNY Central asked if the fact that some members of the fraternity may not have physically engaged in the alleged rape but answered the group chat changes anything. Trunfio said no, it doesn’t change anything.
Shockingly, New York State Law says unless you have a duty to report a rape to law enforcement, like a first responder, you’re in the clear.
Rinckey told CNY Central: “You can be walking down the street and you could see someone being raped. There’s no duty in New York to intervene. No duty to call the police.”
