It’s not unusual for a high-profile lawsuit to spur a follow-up criminal investigation, like the civil case brought by a woman accusing several former Cornell University fraternity brothers of gang rape, according to a legal expert who spoke with Us.
Los Angeles-based civil trial attorney Tre Lovell expects it’s likely the men accused of raping former Cornell student “Jane Doe” will face criminal charges, he told Us.
Assuming what Doe alleged “can be corroborated and substantiated,” Lovell said they’ll “probably be charged, at least some of them.”
“Then at that point, whether or not they get convicted, that’s a much much different question,” Lovell noted.
The complaint filed by Doe in New York State Superior Court on September 16 accuses seven Chi Phi brothers of gang raping her during an October 2024 fraternity party after pressuring her to snort ketamine, and also giving her marijuana and alcohol.
The graphic sexual assault allegations surfaced by the complaint have prompted intense scrutiny, public outrage and widespread media coverage, leading to a renewed criminal investigation.
The seven men accused of participating in the gang rape have denied Doe’s allegations, according to ABC News.
After the woman reported the alleged assault to Cornell police in November 2024, Tompkins County District Attorney Matthew Van Houten declined to pursue the criminal case, according to a September 28 statement he shared following the lawsuit’s filing.
In the statement, Van Houten announced he revived the investigation after learning of the alleged “series of heinous and despicable acts committed by members of the Chi Phi fraternity.”
Van Houten also said Doe’s sworn statement to police didn’t mention she had been drugged or raped.
However, her attorney, Thomas Giuffra, disputes this, telling the Associated Press that his client investigators: “I can say with 100 percent confidence I was raped.”
Now, instead of Van Houten, New York Attorney General Letitia James is leading the criminal investigation after Gov. Kathy Hochul stepped in to designate her as a special prosecutor, the outlet reported.
Lovell told Us that the lawsuit can help prosecutors build their criminal case, describing the complaint as a “roadmap.”
“The civil lawsuit will certainly help the criminal prosecution in terms of identifying initial facts and witnesses and potential documents,” Lovell said. “But then, at that point, they have to do their own investigation and see if there’s a crime that’s been committed.”
To pursue charges, prosecutors need “probable cause that that a crime has been committed,” specifically in this case “sexual relations without consent,” Lovell noted.
Proving this in a criminal case can be complex, particularly in the setting of a college party, he said.
“Most defendants in a sexual assault rape case are going to say, A: it was consent, or B: I wasn’t there, and that’s going to be a typical defense,” Lovell noted.
In addition to possible charges, he explained another potential outcome of the criminal investigation is that the civil case could be temporarily paused if the accused men seek to have the lawsuit stayed until the criminal probe has concluded. It’s ultimately up to the court to grant a motion to stay.
“The reason is, once you’re charged or you’re being investigated criminally, your constitutional rights kick in, and the Fifth Amendment right not to self incriminate,” Lovell said. “During the civil case, at that point they can then invoke the Fifth and not be subject to the deposition, not have to respond to discovery, because such could be used in the criminal case.”
Lovell added, “So I would not be surprised if the next step in the civil case is [for] the defendant to seek to stay the case.”
