Testimony uncovered from Cornell University’s investigation into alleged gang rape reveals that at least three students said their accuser was actually the aggressor who never asked for their consent, with one student saying he was the victim of sexual misconduct by the accuser.
The allegations stem from a 2024 incident at Cornell’s Chi Phi fraternity house. The woman, identified in court filings as Jane Doe, has accused seven fraternity members of drugging and gang-raping her while she was incapacitated. She later filed a civil lawsuit against the men, Cornell, the fraternity, and others.
Newly reported testimony from Cornell’s internal investigation offers a dramatically different account of the night from at least some of the accused students.
In interviews conducted as part of Cornell’s investigation, Gillio Lopes said Jane Doe initiated sexual contact with him and did not ask for his consent. Lopes said he remembered the night fairly clearly and had consumed roughly six drinks — three Keystone beers and three vodka-and-Hawaiian Punch drinks. He said he eventually became uncomfortable and left around 2 a.m., going with three friends to McDonald’s. He said he never told his friends about the sexual encounter, in part because he was “embarrassed about what happened.”
Cornell ultimately suspended Lopes and placed him on disciplinary probation over the allegation that he had sex with Doe without her consent. According to records obtained by The New York Times and reported by The Cornell Daily Sun, Lopes received a three-semester suspension and two years of probation.
Another accused male, Winston Lee, gave a similar account. He said Doe initiated sexual activity without first asking for his consent. Lee said that later, before another sexual encounter, he specifically asked her for consent, and she responded that they were “all consenting adults.”
In perhaps the most striking account, another male student told investigators that he considered himself a victim of sexual misconduct because Doe performed oral sex on him while he was “too incapacitated” to consent.
Ultimately, four of the seven men acknowledged having sexual contact with Doe, while three denied participating in sexual encounters. Their accounts, however, differed sharply from Doe’s allegations. Lopes and Lee said Doe initiated sexual activity without asking for their consent, while a third man said he considered himself a victim of sexual misconduct because he was too incapacitated to consent when Doe performed oral sex on him. All of the men have denied any wrongdoing.
Cornell’s internal disciplinary process resulted in sanctions against five of the seven men, with penalties ranging from expulsions and suspensions to disciplinary probation and restrictions on returning to campus. Cornell’s Title IX panel concluded that two of the men were responsible for sexual assault, while others received lesser sanctions.
No criminal charges were filed against any of the seven men after Tompkins County District Attorney Matthew Van Houten determined there was insufficient evidence to prosecute. In a separate interview with Cornell police, Doe said, “I can say with 100% confidence I was raped.” But Van Houten said the sworn statement she signed in November 2024, which his office reviewed, described her participation in the drug use and sexual conduct as “voluntary, conscious, and consensual.”
Additionally, there have been uncovered text messages related to the night in question. Doe, in one text exchange, told one male that none of the “sexual stuff” they participated in was “illegal” and told him she would like to meet up again and enjoyed their sexual encounter.
Still, due to public pressure, Van Houten agreed to reopen the case, but made clear the civil suit was a dramatically different account of events than what Doe said two years prior.
New York Democratic Governor Kathy Hochul has since appointed the highly partisan New York Attorney General Letitia James as special prosecutor. James is a prominent Democratic official and frequent critic of President Donald Trump, and now has authority to oversee the criminal investigation and pursue charges if warranted.
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