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Tompkins County District Attorney Matthew Van Hauten stated that claims made in a September civil lawsuit differ significantly from the statements the woman provided to police two years prior.
Tompkins County Prosecutor Cites Discrepancies in Statements
District Attorney Matthew Van Hauten defended the initial November 2024 decision not to pursue criminal charges, calling it legally sound based on the evidence available at the time. “At the same time, I recognize that victims of sexual violence may need years in therapy to heal and to fully understand and process what happened to them,” Van Hauten said in a statement provided to CNN. The prosecutor pointed out that in her initial police statement, the complainant indicated she consumed substances voluntarily. Under New York state law, mental incapacitation requires that a person is unable to control their conduct due to drugs administered without consent, meaning voluntary intoxication does not meet the legal threshold for incapacitation.
“Each time Jane Doe asked to stop sexual activity, it was stopped,” Van Hauten wrote, outlining why the initial investigation found no evidence of a lack of consent. The grand jury will now review the former student’s testimony alongside new evidence tied to the civil complaint. In court documents, the woman is referred to as Jane Doe to protect her identity.
Allegations Detailed in September Civil Lawsuit
The plaintiff alleges that seven fraternity brothers drugged and sexually assaulted her at the Chi Phi house in October 2024. According to the court filing, the complainant had consumed roughly 10 standard alcoholic drinks in the three hours before arriving at the house. The lawsuit claims a friend and another fraternity brother gave her additional alcohol and urged her to inhale ketamine before she was sexually abused while unable to give consent.
The complaint also outlines a message sent in a Chi Phi Snapchat group chat during the night of the incident. An excerpt from the lawsuit alleges a member sent a message stating there was a "free slut" upstairs, encouraging other chapter members to join in. The suit claims multiple fraternity members subsequently entered the room, forced her to consume more ketamine, and abused her for several hours.
Legal Claims and University Response
The civil action alleges negligence, breach of contract, sexual assault, physical abuse, and violations of the New York Human Rights Law, asking for a jury trial and unspecified financial damages. The case has renewed public scrutiny regarding how universities investigate student reports of sexual misconduct.
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Grand jury to review testimony and new civil lawsuit evidence
Why were no criminal charges filed initially in November 2024?
Tompkins County District Attorney Matthew Van Hauten stated that the initial police interview indicated the complainant consumed substances voluntarily and that sexual activity stopped whenever she asked, leaving insufficient evidence of a lack of consent under New York law.
What role does the grand jury play now?
The Tompkins County grand jury will review the former student’s testimony and new evidence presented in the civil lawsuit to determine whether there is a legal basis to bring criminal charges.
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