A criminal investigation into a reported gang rape at a Cornell University fraternity has been reopened due to public demand, according to prosecutors. Tompkins County District Attorney Matthew Van Houten affirmed his commitment to “seek justice” following a civil complaint filed by a former student on September 16. The complaint accuses seven former and current members of the Chi Phi fraternity of drugging and sexually assaulting her.
Van Houten stated after community requests, he is reassessing whether to press criminal charges. “I have begun this process, starting with discussions with Jane Doe and her legal team,” Van Houten explained. “The charges will be determined, and the case will move to the Tompkins County grand jury for an impartial evaluation.” A senior prosecutor will oversee the case, including the victim’s testimony and additional evidence from the civil lawsuit.
“Upon indictment votes from the grand jury, our office will pursue charges zealously and to their fullest extent,” Van Houten added.
Jeremy Saland, a lawyer for one accused individual, described the woman’s claims as “intentionally dishonest” and morally objectionable. The accused include Scott Kretzschmar, Scott Norris, Matthew Ingalls, Johnathan Newell, Winston Lee, Gillio Lopes, and Diego Sarabia. Cornell University has endorsed the renewed probe and stated its support for the victim’s story to be heard by a grand jury.
According to a 101-page lawsuit filed on September 16, the victim reported the alleged gang rape to campus and Ithaca police about a week after meeting one of the members at a frat house in October 2024. After refusing a suggested threesome, the student claims she was pressured to consume drugs and alcohol.
Details in the lawsuit allege that multiple fraternity members engaged in non-consensual sexual acts with the victim, assisted by drugs. The assault reportedly persisted until she lost consciousness.
Previously, criminal charges were not pursued due to the victim’s statements indicating voluntary involvement in drug use and sexual activity, said Van Houten. He acknowledged the 2024 decision was informed by the alleged voluntary nature of her participation back then.
However, after the civil lawsuit’s filing, Van Houten reached out to understand differences between her past and current statements. Saland criticized the allegations as a “reckless disregard for the truth,” pointing to a hair test indicating Kretzschmar’s non-use of ketamine.
The defense attorney argued his client was wrongly accused, citing moments of presence without any improper conduct. Saland characterized the allegations as attempts to target his client unjustly and criticized the public’s premature judgments. He referenced past cases, like the Duke Lacrosse incident, advocating for fact-based conclusions to exonerate his client.
Cornell University’s own Title IX investigation reviewed the allegations thoroughly. Temporary suspensions and other measures were enforced. Sanctions, including expulsions and suspensions, were issued but no opportunity was provided for essays as sole penalties.
Cornell and representatives of the victim have not yet responded publicly to inquiries.