Cornell University alleged 'gang rape' case: Why charges weren't filed by Tompkins County DA in 2024 - and what changed now

A disturbing case relating to Cornell University is once again facing criminal investigation almost two years after the prosecutor chose not to charge anyone. A former student at Cornell, identified as Jane Doe, has filed a civil suit against seven members of the Chi Phi fraternity claiming that they drugged and allegedly sexually assaulted her in 2024.

Matthew Van Houten, the District Attorney of Tompkins County, says that his office is re-opening the case and plans to present the case before the grand jury in coordination with the woman. But the decision raises an obvious question: Why were criminal charges not pursued in 2024? According to Van Houten, the allegations contained in the new lawsuit are 'dramatically different' from what prosecutors understood from the woman’s original statement to Cornell University Police.

WHY WEREN’T CHARGES FILED IN 2024?

Van Houten said prosecutors did not bring charges two years ago because the information they received from the original police investigation did not establish key allegations now contained in the lawsuit, reported ABC News. According to the DA, the woman’s original statement did not say she had been unknowingly drugged, forced to participate in sexual activity or rendered unconscious or physically helpless. He said she reported knowingly consuming drugs and alcohol.

"She never says that she was drugged without her knowledge. She admits to taking drugs and alcohol voluntarily and with knowledge. She does not allege that she was forced to engage in any acts. She does not say that she was physically helpless or unconscious or incapacitated at any point during the time at the fraternity house," Van Houten said as quoted by ABC News.

Van Houten has also acknowledged that his office relied on the investigation conducted by Cornell University Police and did not independently investigate the allegations at the time, reported the media outlet. He said that approach was consistent with practices in many upstate New York counties. Jane Doe’s attorney, Thomas P Giuffra, strongly disputes the DA’s description of what happened. He argues that his client was never interviewed afterward by a specially trained detective or prosecutor experienced in speaking with sexual-assault survivors.

"In my experience, speaking with an abuse survivor requires delicacy, understanding and specialized training. An average University Police officer would not have these skills. It would be the role of a specially trained detective or district attorney. However, Ms. Doe was never contacted by anybody with those skills," Giuffra told the outlet.

WHAT HAS CHANGED IN 2026?

The major development is a civil lawsuit filed by the former student earlier this month. The lawsuit alleges that Jane Doe was drugged and sexually assaulted by seven Chi Phi members. It also references Snapchat group messages that the complaint says are connected to the alleged incident.

Van Houten said those messages were never provided to his office during the original investigation. Giuffra disputes that account, saying authorities received the group chat in 2024 and failed to properly follow up on it. That disagreement could become an important part of understanding how the initial investigation was handled.

WHAT HAPPENS NEXT?

Reopening the investigation does not mean anyone has been found guilty - or even that criminal charges have been filed. Van Houten told ABC News that prosecutors want to determine whether evidence exists today that they did not know about in November 2024 and whether that evidence could change their assessment. His office intends to take the case before a Tompkins County grand jury with Jane Doe’s cooperation. According to ABC News, at least two men named as defendants have publicly denied wrongdoing.

The crucial question now is whether the renewed investigation uncovers evidence sufficient for a grand jury to support criminal charges.