Cornell Sex Assault Case Raises Questions About Title IX Accountability and New York’s Intoxicated Consent Law

Two years after a woman alleged a gang rape at Cornell University, renewed attention to the case and the limited consequences faced by the alleged perpetrators has raised questions about what higher education owes students who experience sexual assault on campus as well as how consent and intoxication are understood under New York law.

A woman identified as Jane Doe filed a civil lawsuit on Sept. 16, alleging that she was sexually assaulted, gang-raped, and pressured to take drugs and drink alcohol by seven members of the Chi Phi fraternity on the night of Oct. 19, 2024. The lawsuit is filed against the fraternity, Doe’s sorority chapter, and Cornell University; it names Matthew Ingalls, Johnathan Newell, Winston Lee, Gillio Lopes, Diego Sarabia, Scott Norris, and Scott Kretzschmar as defendants. Prosecutors said this week they were reopening a criminal investigation into the case after declining to press charges originally.