A renewed criminal investigation into allegations of gang rape against several former Cornell University fraternity brothers has been sparked by a recent civil lawsuit filed on behalf of the alleged victim, Jane Doe. The development comes after the original prosecution declined to pursue the case, citing a lack of sufficient evidence.

According to Los Angeles-based civil trial attorney Tre Lovell, who spoke with Us Weekly, it's likely that the men accused of raping Jane Doe will face criminal charges if her allegations can be corroborated and substantiated. "Assuming what Doe alleged 'can be corroborated and substantiated,' they'll 'probably be charged, at least some of them,'" Lovell said. However, whether they receive convictions remains a separate question altogether.

The complaint filed by Jane Doe in New York State Supreme Court accuses seven Chi Phi brothers of gang raping her during an October 2024 fraternity party after pressuring her to snort ketamine and giving her marijuana and alcohol. This graphic sexual assault allegation has prompted intense scrutiny, public outrage, and widespread media coverage, leading to a renewed criminal investigation.

In a statement released following the filing of the lawsuit, Tompkins County District Attorney Matthew Van Houten announced he had revived the investigation due to the serious nature of the allegations. However, his office initially declined to pursue the case in November 2024, stating that the woman's sworn statement to police did not mention being drugged or raped.

However, Jane Doe's attorney, Thomas Giuffra, disputes this claim, 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.

Lovell told Us Weekly 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 explained. "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 a crime has been committed, specifically in this case "sexual relations without consent." Proving this in a criminal case can be complex, particularly in the setting of a college party. "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.

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 for this is that once one is charged or investigated criminally, constitutional rights kick in, including the Fifth Amendment right not to self-incriminate.

During the civil case, the accused can invoke the Fifth Amendment and refuse to respond to discovery, which could potentially be used against them 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."

Frequently Asked Questions

#### Q: What sparked the renewed investigation into the Cornell University gang rape allegations? A: A recent civil lawsuit filed by Jane Doe, alleging that several former Cornell University fraternity brothers gang-raped her during an October 2024 fraternity party.

#### Q: Who is leading the current criminal investigation into the allegations? A: New York Attorney General Letitia James is now leading the investigation, following a designation by Governor Kathy Hochul as a special prosecutor.

#### Q: How does the civil lawsuit aid the criminal prosecution? A: The civil lawsuit provides a roadmap of initial facts, witnesses, and potential documents that can assist the criminal prosecution in building its case.

#### Q: What might happen if the accused men seek to have the civil lawsuit stayed pending the conclusion of the criminal investigation? A: If granted, this would pause the civil case temporarily while the criminal investigation continues, allowing the accused to avoid incriminating themselves during the civil proceedings.