New York prosecutors have reopened a criminal investigation into allegations of a gang rape at a Cornell University fraternity house in 2024, after a former student sued the University.
The investigation reopened after a former Cornell student filed a civil complaint earlier this month against seven fraternity members, Cornell University, and others.
The attorney said the allegations in the civil lawsuit are different from the account the woman gave to Cornell University Police in November 2024. He said prosecutors want to determine whether the lawsuit contains evidence that was not available during the original investigation and whether that evidence could support criminal charges.
Why no criminal charges were filed in 2024
According to attorney Van Houten, the woman’s initial statement did not say that she had been drugged without her knowledge or that she had been forced into sexual activity.
He said she told police that she had voluntarily consumed alcohol and drugs and was engaged in sexual activity with fraternity members. Based on that account and the investigation conducted by Cornell Police, his office did not pursue criminal charges at the time, as per ABC News reports.
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The attorney said he considered the woman credible but that prosecutors did not have information in 2024 that would have supported criminal prosecution.
He also said that his office did not independently investigate the allegations and instead relied on the Cornell Police investigation.
Victim’s lawyer disputes prosecutor’s account
The woman’s lawyer, Thomas P. Giuffra, has disputed the District Attorney’s description of her original statement and criticised the handling of the investigation.
Giuffra said his client (victim) was never interviewed by a trained detective or prosecutor after making her initial complaint. He also said authorities had been given evidence that should have initiated further investigation.
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One disputed piece of evidence is a screenshot of a Snapchat group chat cited in the civil lawsuit, as per Reuters. In an interview with ABC News, Van Houten said his office had not received the material in 2024, while Giuffra maintains that it was provided to Cornell Police at the time.
The DA’s office will now reassess the evidence before presenting the case to a grand jury, ABC News reported.
Cornell University on the case
Cornell University in a new statement on Monday said it supports the decision to reopen the criminal investigation.
The university said it had separately conducted a Title IX investigation into the allegations in 2024. According to Cornell, a panel of faculty and staff heard evidence from the complainant and the accused before imposing sanctions that included expulsions and suspensions.
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Cornell also rejected claims that students involved were given only essay-writing assignments as punishment.
“At its conclusion, the hearing panel issued a range of sanctions, which included expulsions and suspensions from Cornell. None of the individuals charged were offered the opportunity to write essays as a sole consequence of their involvement,” Monday’s statement said.
“Any suggestion that the University did not impose consequential punishments for those involved is false,” Cornell said in the interview.
Accused deny allegations
Attorneys for at least two of the men named in the lawsuit have denied the allegations.
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Attorney Jeremy Saland, who represents Scott Kretzschmar, said his client did not sexually assault or touch the woman and disputed the allegations in the lawsuit.
Scott Norris, another defendant, denied participating in sexual activity or drug use. He acknowledged sending a message that appears in the lawsuit but said he was not present when the alleged misconduct occurred.
“I did not participate in any sexual activity or drug use. I was not found responsible by Cornell for any of the accusations involving sexual activity and drug use for which others received serious consequences. I thoughtlessly engaged in Snapchat and briefly stopped in the room where misconduct happened, but not when it happened,” he said through an attorney.
