By Ahmed Abdelsalam
A former Cornell University student, identified as Jane Doe, is facing a legal challenge from one of the men named in her sexual assault lawsuit. Diego Sarabia, a former member of the Chi Phi fraternity, has filed a motion asking a judge to dismiss all claims against him.
Defense Claims Allegations are Insufficient
Sarabia's attorney, James C. Knox, argued in a Friday filing that the claims against his client do not support the broader accusations of rape and gang sexual assault. The defense characterizes the specific conduct attributed to Sarabia as essentially a lawsuit regarding a forced kiss, rather than the more severe offenses alleged in the wider complaint.
The lawsuit alleges that a group of seven men participated in a gang rape at the Chi Phi fraternity house in Ithaca, New York, between October 19 and 20, 2024. Sarabia denies these allegations. His legal team contends that the claims are legally insufficient and that the statute of limitations for the alleged assault and battery has expired.
Ongoing Investigations and Legal Probes
The case has prompted significant scrutiny at Cornell University. Following the allegations, the university's Board of Trustees hired former Deputy Attorney General Sally Yates to lead an independent review of how the institution responds to sexual misconduct on campus. An internal investigation previously led to the expulsion of two students.
While the Tompkins County District Attorney declined to bring criminal charges in late 2024, New York Governor Kathy Hochul criticized the previous evaluation as inadequate. Consequently, State Attorney General Letitia James was appointed as a special prosecutor to lead a comprehensive investigation into the matter. Some of the accused are currently attempting to disqualify James from the probe, alleging she prejudged the case.
