Prosecutor in New York to reopen probe into alleged 'gang rape,' after civil suit sparks outrage

The incident occurred in 2024 and involved a chapter of the Chi Phi fraternity, which has been barred from the university.

Published: September 28, 2026 8:26am

Updated: September 28, 2026 8:26am

County prosecutors in central New York are reportedly reopening an investigation into an alleged 2024 "gang rape" at Cornell University after a civil lawsuit filed earlier this month sparked outrage about the incident. 

Tompkins County District Attorney Matthew Van Houten says his office is considering whether to bring criminal charges related to the incident, though he said the allegations in the civil complaint are “dramatically different” than the woman’s statement to police two years ago, according to 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 and would result in the grand jury finding that there was criminal conduct," Houten said in a statement.

The former female Cornell student filed the civil lawsuit two weeks ago, alleging that she was drugged, assaulted and gang raped by seven members of the Ivy League school's Chi Phi fraternity. 

Cornell’s Chi Phi chapter was barred from campus after the alleged incident, though none of the individuals allegedly involved faced criminal charges, according to Van Houten.

The initial complaint alleges temporary suspensions were issued for the seven named students. Cornell says claims the school gave the students the opportunity to mitigate their conduct by submitting essays are incorrect.

Van Houten said his office did not bring charges because the woman’s statement to authorities did not allege she was drugged or that she did not consent to engage in sexual activities. 

He also said she admitted to taking drugs and alcohol voluntarily and with knowledge, did not allege being forced to engage in any acts, did not say she was "physically helpless or unconscious or incapacitated at any point during the time at the fraternity house."

The attorney for Jane Doe, disputes Van Houten’s description of his client's initial statement to the university police department and faulted authorities for not following up with his client. 

Van Houten told ABC News that his office relied on the Cornell police investigation and acknowledged the office didn’t conduct an independent investigation, but said that protocol is in line with many upstate New York counties. 

Also at issue is a group chat in which Jane Doe claims members of the fraternity discuss the alleged incident. Giuffra said the messages are a “critical piece of evidence” that were provided to authorities in 2024. 

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