Recent allegations that a Cornell University student was the victim of gang rape by a group of men at a fraternity house in 2024 have ignited significant online discussion and scrutiny regarding the actions taken by university officials, law enforcement, and prosecutors. The decision not to file criminal charges has been met with strong criticism.
The woman reasserted her claims through a lawsuit filed last month against seven members of the Chi Phi fraternity, Cornell University, and other parties. This prompted Tompkins County District Attorney Matthew Van Houten to reopen the criminal investigation. Initially, he had opted not to prosecute the case, stating that there was insufficient evidence to support the allegation of rape or that the woman had been drugged without her consent.
Several of the individuals accused have denied any involvement in nonconsensual sexual acts or even physical contact with the woman.
On Thursday, New York Governor Kathy Hochul announced the appointment of the state attorney general as a special prosecutor to oversee the investigation going forward.
Here’s a deeper examination of the facts surrounding the case.
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CLAIM: The woman did not inform police that she was raped; the allegation only emerged in the recent lawsuit.
THE FACTS: This claim is misleading. While the woman informed police that she consented to an initial sexual encounter with two of the men, she expressed discomfort with what transpired afterward, asserting that additional men entered the room against her will.
In a transcript obtained by CBS News, she told a campus police officer, “Yes. It was coercion, yes.” The woman also reported to campus police that she felt “completely and totally incapacitated” prior to some of the sexual abuse. She acknowledged consuming alcohol and using drugs during her visit to the Chi Phi fraternity house in October 2024, which contributed to gaps in her memory. Furthermore, she claimed that at least one of the men assaulted her during the incident, which lasted several hours. “I can say with 100% confidence I was raped,” she stated, according to the same transcript.
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CLAIM: Cornell University failed to follow up on the woman’s allegations.
THE FACTS: This assertion is false. Following the woman’s report in 2024, Cornell promptly suspended Chi Phi, which remains banned from campus, and temporarily suspended some of the students believed to be involved. The university conducted a thorough investigation that included 50 interviews with 32 witnesses over 12 days. Both the woman and several accused individuals participated in this inquiry, which culminated in a 99-page report detailing the findings, as revealed through court documents and reviewed by The Associated Press.
The investigation resulted in the expulsion or suspension of certain students, although university officials have refrained from disclosing specifics due to federal privacy regulations. Additionally, after the woman reported the assault, Cornell established a task force focused on campus sexual assault, which issued recommendations earlier this year. Some of these recommendations have already been implemented, while others are still in progress, according to university officials.
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CLAIM: The university’s only penalty for those accused was requiring them to write essays.
THE FACTS: This characterization is misleading. The university has confirmed the expulsion of certain students but has not specified the number. Some individuals accused of sexual assault, but deemed not responsible for those allegations by the university, have been instructed to write essays or take classes as disciplinary actions for other behavioral concerns.
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CLAIM: The prosecutor closed the case without ever consulting the victim or reviewing a transcript of her police interviews.
THE FACTS: This is accurate. District Attorney Van Houten indicated that his decision to forgo prosecution was based on a statement provided by campus police, which had been signed by the woman. This summary was derived from two days of interviews, and he did not receive a complete transcript. He noted that the statement did not reflect the woman’s assertions of certain sexual assaults and omitted allegations of being drugged or coerced into sexual acts. Consequently, he concluded that a criminal case could not be established. Van Houten has stated that he found the police summary sufficient and believed there was no need for further investigation, adding that neither the woman nor her attorney reached out to him to discuss the decision not to prosecute.
The district attorney remarked that the information relayed by campus police appeared to provide a thorough account of the woman’s allegations at that time.
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Find AP Fact Checks here: https://apnews.com/APFactCheck.
