Ketamine and Alcohol: Latest Details in Case Shaking Cornell

What does the complaint against Chi Phi fraternity allege?

A Cornell alumna, identified as Jane Doe, reported an alleged gang rape in 2024. The incident allegedly occurred at the Chi Phi fraternity house.

According to the lawsuit, she was sexually assaulted and pressured to consume ketamine. This occurred following a night of excessive alcohol consumption, according to the document.

The complaint names seven members of the fraternity. Doe gave a sworn statement to Cornell police on November 14, 2024.

That statement occurred 26 days after the alleged assault, according to the document obtained by NBC News.

What did Jane Doe say about that night?

Doe recounted that she had been drinking since shortly after 6:30 p.m. She visited two bars in Ithaca before arriving at the fraternity.

She arrived at the Chi Phi house around 10:30 or 11:00 p.m. to meet a friend, according to her statement.

«I would say it was the most drunk I have ever been in my entire life,» Doe told police. That statement was documented in the record obtained by NBC News.

According to her testimony, she initially agreed to an encounter with two men. However, she stated that she felt increasingly incapacitated throughout the night.

«I felt that I could not make any decision because of how drunk I was,» she added in her police statement.

What happened when more men entered the room?

According to the lawsuit, a message in a group chat mentioned that there was «availability» upstairs. Shortly after, several more men entered the room.

«I was instantly horrified,» Doe told police about that moment. She said she ran to hide under the sheets of another bed.

Doe also stated that she had taken ketamine that night and was offered more. She thought that if she passed out, the men could be accused of rape.

«I was starting to feel completely numb to the entire situation,» she added in her testimony. She said this according to the document cited by NBC News.

Furthermore, in an interview with campus police, she stated something definitive. «I can say with 100% certainty that I was raped,» Doe said, according to CBS News.

Why didn’t the prosecutor file charges in 2024?

The district attorney’s office reviewed the complaint in 2024. At that time, it determined that «there was insufficient evidence to sustain criminal charges.»

District Attorney Matthew Van Houten defended that decision on Monday. He did so through an extensive official statement about the case.

According to Van Houten, Doe’s statement described drug use and sexual relations as voluntary. This is what he indicated in his statement.

«Jane Doe’s statement described her participation… as voluntary, conscious and consensual,» Van Houten’s statement read.

According to the prosecutor, the statement did not meet the legal standard of lack of consent. This, he said, applied under New York’s Penal Law.

«Each time Jane Doe asked for the sexual conduct to stop, it stopped,» Van Houten insisted in his statement.

Additionally, the prosecutor stated to NBC News that the phrase about «rape» did not appear in the original statement. He said his office did not receive it in November 2024.

What did the complainant’s attorney respond?

Thomas P. Giuffra, Doe’s attorney, disagreed with Van Houten’s version. He said he was «very disappointed» by that assertion.

«If my client consented, why…