The Cornell case, explained

Por Ariana Aspuru — Vox – All

“In what world,” New York Gov. Kathy Hochul asked on Friday, “would the police learn from a victim that she’d been literally gang raped while she was intoxicated by five men in a fraternity house and not elevate those allegations to the district attorney?” 

Hochul was speaking about the case of a former Cornell student who said she was raped by several members of the university’s Chi Phi fraternity in 2024. At the time, the district attorney filed no criminal charges.

The case has rocked the nation and forced a renewed reckoning over how sexual assault is dealt with in higher education. While the district attorney has defended his handling of the case, many politicians and legal experts are now examining whether certain details of the alleged victim’s account were neglected, and prosecutors have reopened the case.

Amy Wang is a staff reporter at the Washington Post who’s been covering the story over the past week. She spoke with Today, Explained co-host Noel King about what allegedly happened on the night in question, what happened afterward, and what we still don’t know. 

Since Noel and Wang spoke, New York state Attorney General Letitia James has also been assigned to oversee the case and said it is now “an active criminal investigation.” As new information comes to light, further legal action could be taken. 

Below is an excerpt of the conversation between Noel and Wang, edited for length and clarity. There’s much more in the full podcast, so listen to Today, Explained wherever you get podcasts, including Apple Podcasts, Pandora, and Spotify.

In October of 2024, a young woman went to a fraternity house near Cornell University’s campus. Who is this young woman, and why did she go to the frat house that night?

The young woman is only identified in documents as Jane Doe, so we don’t know her name. She was, at the time, 20 years old. She was a sophomore at Cornell. And around 11 pm on the night of October 19, 2024, this Jane Doe goes to a bar on campus, and then, after that, goes to the Chi Phi fraternity house to hang out with a friend. 

She said that she was already pretty intoxicated at that point, and she’d had maybe 10 drinks in about three hours. Her friend at the fraternity house hands her a beer. After that is where she alleges that another member of the fraternity pressured her into taking drugs, specifically ketamine and marijuana, and drinking more alcohol. She alleges that two members of the fraternity assaulted her, and that one of them later sent a Snapchat message out to active Chi Phi members. The message is pretty graphic, but essentially invites them to join in, and several did.

In about three weeks, this young woman was going to go to the Cornell campus police and report what happened that night. But in the interim, what was going on? What was happening?

We now know, based on reporting by the New York Times and CBS News, this young woman was a member of a campus sorority, so she went to a member of her sorority and was trying to make sense of what happened. She was still processing it in real time. She wasn’t using, according to their reporting, the word rape or assault. And she was also seeing rumors circulating around campus about what had taken place at the fraternity house and was growing concerned about how they portrayed her. 

She, in the interim, also received a text message from one of the seven men at the fraternity essentially apologizing for how things went down the other night. She is not yet accusing them of assault, but is chatting, even seeks to reassure him in that first message. 

On October 22, she then makes an appointment at the campus health clinic because she had what she thought was a UTI and wanted to be tested because she told the doctor that she had gone through a traumatic experience. 

According to the New York Times reporting, you could see her thinking about what happened kind of evolve over those few weeks. She at some point says that this is starting to ruin her life, and she’s sleeping and crying and she’s feeling ashamed. She’s just really grappling with what had taken place, trying to make sense of it. By November 3 is when, according to these investigative documents that were obtained by the Times, she kind of comes to this conclusion that what happened at the party at Chi Phi was assault. 

She texts one of the seven fraternity members and says, “This was not consensual. I was given more ketamine than I can remember,” and that she was uncomfortable. A few days later, November 7th, 2024, according to these documents, she goes to the ER and asks for a rape kit. And the following day is when she goes to Cornell University Police.

When she goes to the police, how does she characterize what happened to the police? What does she tell them?

What she tells the police is that she believes she was assaulted, and she tells the police that it had started out as something that was consensual. And then at the end she says, “I can say with 100 percent confidence I was raped.” She tells police she was extremely uncomfortable and that she kept taking ketamine in part because she thought she might black out and pass out. She had thought of at least two of the men as her friends. After the events of that night, she is then confronted with rumors that were spreading across campus, sort of depicting her as loose and blaming her essentially.

What happens after Jane Doe talks to the police? What do they do?

When she talks to Cornell University Police, they summarize what she said in a six-page statement that she then signs. And that is the statement that is submitted to the Tompkins County District Attorney. 

And the district attorney would be the person who would bring charges or decide not to bring charges. What does he decide? 

Yes, so the district attorney decides not to bring charges in 2024 based on, he has said, the sworn statement that she signs to police. 

The DA says no charges for the seven men. Were they disciplined in any way?

We don’t know exactly how each of the men were disciplined. Cornell has said that they faced a range of disciplinary measures, including expulsions and suspensions. One of the details that had gone particularly viral about this is that the disciplinary measures included for some of the students to write essays. Cornell has not denied that, but it has specifically denied that the students only had to write essays as a disciplinary measure. The university has cited privacy laws and said it really can’t release any more specifics about how individual students were punished or not punished. 

What did Jane Doe do after first talking to the police and then learning the DA wasn’t going to press charges?

After she goes to police, we know she remains on campus and she has to continue seeing some of these men. And she also participates in the school’s Title IX investigation, which takes place over several months and concludes at some point in 2025.

I want to ask you about the DA. He is out in public defending his decision to not press charges in 2024. How is he defending himself?

The DA is a big part of the story. This is the Tompkins County District Attorney. His name is Matthew Van Houten. And he has said that in 2024, based on the written statement from Jane Doe, they did not have what they needed to press criminal charges. 

It’s important to note that we, as in the public, we’ve not actually seen a copy of Jane Doe’s sworn statement. The DA issued a press release in which he summarizes that statement. And in that summary, he describes her characterization of this as voluntary and conscious and consensual. That is at odds with some of the investigative documents that we’ve seen reported since then, including that transcript of Jane Doe’s interview with Cornell Police in which she very confidently says that she believes she was raped and even says that she was physically hit during that night.

The DA said that he did not see, before the lawsuit, the screenshot of the Snapchat message where the frat members are talking pretty crudely about the situation, and he also says he didn’t see the transcript of the interview between Jane Doe and police.

We now know the names of the seven men who were there that night. Have they said anything?

The seven men themselves have not publicly said anything, and the lawyers for three of those seven men have publicly denied the allegations. One of them says that his client went into the room, but immediately left and didn’t participate in the assault.

This is a story that is developing very quickly, and it seems like new information is coming out just about every day. What do we know about what happens next?

So there’s at least two things going on here. There is the reopened criminal investigation. 

Separately, there’s the civil lawsuit that Jane Doe filed last month, and that is not dependent in any way on how the criminal investigation goes, but that will also proceed against the university, the seven fraternity members, and the fraternity itself.

Fonte: Vox – All