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DA Defends Decision Not to Prosecute Alleged Cornell 'Gang Rape' Case in 2024

Van Houten said the evidence and New York consent law did not support prosecution, even as prosecutors reopen the case after a civil lawsuit.

  • On Monday, Tompkins County District Attorney Matthew Van Houten announced he is reopening the 2024 case involving an alleged "gang rape" following a civil lawsuit filed by Jane Doe against the Chi Phi fraternity at Cornell University.
  • Van Houten argued his office is constrained by New York State laws on sexual assault, which do not define voluntary intoxication as an inability to consent, creating a high bar for prosecution.
  • Jane Doe's attorney, Thomas P. Giuffra, alleged the criminal investigation was inadequate, but Cornell University stated on Monday it conducted a thorough Title IX investigation, resulting in disciplinary sanctions including expulsions and suspensions.
  • Prosecutors are now providing an opportunity for the victim's story to be heard by a criminal grand jury this fall, a decision Cornell University supports after conducting its independent disciplinary process.
  • Van Houten noted a disconnect between social media narratives and legal realities, stating "If what was said on social media about this case was true, those fraternity members would be in prison right now." The University disputes allegations of minimal consequences.
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A New York prosecutor is standing by his original call not to ring charges in an alleged gang rape at Cornell that has become a high-profile national case. In interviews with ABC News and CNN , Tompkins County District Attorney Matthew Van Houten said the original statement to police from the...

·Miami, United States
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wsjm.com broke the news on Monday, September 28, 2026.
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