Van Houten said on Monday (US time) that his office would present evidence to a grand jury as he faced questions from the public about why there were no criminal prosecutions in the case. "Once we determine the appropriate charges, the case will be prosecuted in the most objective and impartial means possible" through a grand jury, he said.
The woman, identified only as Jane Doe in court documents, filed the civil complaint on 16 September. The lawsuit alleges she was pressured into snorting ketamine, smoking marijuana and drinking alcohol at the Chi Phi fraternity house on the Ivy League campus, after which she became completely incapacitated and "heinous criminal sexual acts" were committed against her by seven fraternity members.
Van Houten acknowledged that his office's initial conclusion in 2024 was that the evidence did not meet the legal threshold to bring charges. He noted that Jane Doe's sworn statement to Cornell University Police in November 2024 did not allege she was drugged against her will or gang raped. "On the contrary, Jane Doe's statement described her participation in drug use and sexual conduct as voluntary, conscious, and consensual," he said. He added that Doe's lawyers had never contacted him to say the original statement was inaccurate or to ask him to reconsider.
Jane Doe's lawyer, Thomas Giuffra, responded that in the days following the assault, she "was traumatised, numb and unable to function or accept the horror of what had happened." He said she never spoke to anyone other than the officer who took her initial complaint, and questioned why law enforcement did not conduct multiple interviews and collect evidence.
The lawsuit also includes an image from a Snapchat fraternity group chat alerting members to the potential for sexual contact with Jane Doe.
Cornell University said it supported the case being brought before a grand jury, adding that "any suggestion that the university did not impose consequential punishments for those involved is false."
The university's on-campus Chi Phi chapter was closed in the wake of the allegations. The accuser is suing the seven men, the Chi Phi fraternity, the university, an Ithaca bar and others for undisclosed damages.
The case has sparked intense debate on social media, with many criticising the university and the district attorney's office, while others have expressed doubt about the allegations.