Prosecutor Reopens Cornell Fraternity 'Gang Rape' Case After a Lawsuit Sparks Outrage

Prosecutors in upstate New York said they are reopening their investigation into an alleged gang rape at a Cornell University fraternity in 2024, after a civil lawsuit filed this month set off public outrage over the case.

Tompkins County District Attorney Matthew Van Houten said his office is weighing criminal charges and intends to bring the case before a grand jury. "It's our intention to present the case to the Tompkins County grand jury with Jane Doe's cooperation," he told ABC News. "We want to reexamine whether there's additional evidence that we were not aware of in November of 2024, that exists now that would change our assessment of the case."

The move comes less than two weeks after a former Cornell student sued, alleging that she was drugged, assaulted and gang raped by seven members of the university's Chi Phi fraternity. The chapter was barred from campus after the alleged incident, but no one was criminally charged.

Van Houten said his office declined to bring charges two years ago because of what the woman told police at the time. He said her statement did not say she was drugged without her knowledge or that she had not consented. "She admits to taking drugs and alcohol voluntarily and with knowledge. She does not allege that she was forced to engage in any acts," he said, adding that the allegations in the new civil complaint are "dramatically different."

The woman's attorney, Thomas P. Giuffra, disputed that account and said no one with proper training ever followed up with his client. "Speaking with an abuse survivor requires delicacy, understanding and specialized training. An average University Police officer would not have these skills," he said. Van Houten acknowledged that his office relied on the Cornell University Police investigation and did not independently investigate, which he said is common practice in many upstate counties.

A group chat is now at the center of the dispute. The lawsuit cites messages in which, the woman claims, fraternity members discussed the alleged assault. Van Houten said the chat was never given to his office. Giuffra said the messages, which he called a "critical piece of evidence," were handed to authorities in 2024, and that they showed members being invited to take part.

Cornell said in a Sept. 21 statement that it takes sexual violence allegations "extremely seriously" and that its civil rights and student conduct offices investigated and ruled on the case under university policy. It cited federal privacy law in declining to discuss individual students, and said the Chi Phi chapter "remains barred from our campus."

Two of the named defendants have denied wrongdoing. A lawyer for Scott Kretzschmar said the assault described in the complaint "did not happen" and that his client "never sexually assaulted or even touched the plaintiff in any way." Another defendant, Scott Norris, denied any sexual activity or drug use but acknowledged sending a message cited in the complaint, saying he "thoughtlessly engaged in Snapchat."