Criminal Investigation Reopened in Cornell Fraternity Rape Allegations

The Tompkins County District Attorney’s office announced on September 28 that it will reinvestigate the sexual assault allegations against former Cornell University students, following pressure from the community and the filing of a civil lawsuit. The case centers on claims that a 20-year-old woman was drugged and gang-raped by members of the Chi Phi fraternity in October 2024.

District Attorney Matthew Van Houten confirmed that evidence will be presented to a grand jury as investigators reassess the case. The decision comes after the alleged victim filed a civil suit against seven former fraternity members and the university, alleging negligence and failure to protect her.

Van Houten noted a significant discrepancy between the details provided in the recent civil complaint and the sworn statement the woman gave in November 2024. He stated that her original testimony described drug use and sexual conduct as voluntary, conscious, and consensual, and did not allege she was drugged against her will or subjected to gang rape.

“My office obviously did not and could not have based our November 2024 decision on the allegations in a civil lawsuit that would not be filed until nearly two years later,” Van Houten said. “Once we determine the appropriate charges, the case will be prosecuted in the most objective and impartial means available.”

The woman’s attorney, Thomas Giuffra, disputes the notion that a thorough investigation was previously conducted. He argued that the victim was never interviewed by specialized investigators trained in handling sexual assault cases, only providing her initial statement to Cornell police.

“It is challenging for me to understand how a thorough criminal investigation could have been conducted when she was never spoke with anyone other than the officer who took her original complaint,” Giuffra told CBS News New York. He welcomed the reopening of the case but warned against a “half-hearted effort.”

Under Title IX proceedings, Cornell conducted its own internal investigation, resulting in sanctions for the accused students. The university stated that two fraternity members were expelled, while five others received suspensions and other disciplinary measures. The Chi Phi chapter was closed in 2024 and remains barred from campus.

Cornell strongly disputed claims that the consequences were minimal. In a statement, the university emphasized that no individual was offered the opportunity to write essays as a sole punishment and called the narrative of light sanctions “irresponsible” and harmful to survivors.

The civil lawsuit accuses the university and the fraternity members of breach of contract, negligence, and state law violations. It alleges that on the night of the incident, one member sent a crude message on a Snapchat group chat suggesting a woman upstairs was available for sex. The suit claims the assault began around 1:42 a.m. and continued until 5:45 a.m.

Defendants named in the lawsuit have denied the accusations. Jeremy Saland, attorney for Scott Kretzchmar, acknowledged that his client’s Snapchat messages were “ugly” but insisted they do not constitute evidence of sexual assault. Saland stated that Kretzchmar entered the room briefly, did not touch the accuser, and left within minutes. He also highlighted a hair follicle test showing no ketamine in Kretzchmar’s system.

Andrew Miltenberg, representing another accused member, Gillio Lopes, stated that his client “unequivocally denies the allegations.” Miltenberg noted that the current public allegations differ from those investigated during the university’s prior review.

The woman, identified in legal documents as Jane Doe, withdrew from Cornell following the alleged assault. She is seeking unspecified compensatory and punitive damages. The district attorney’s office is now reviewing the civil complaint’s allegations alongside the original evidence to determine if criminal charges are warranted.