Tompkins County District Attorney
The student had alleged in her civil complaint that she was drugged and sexually assaulted by the seven men during an incident at their Ithaca residence in October 2024. However, Van Houten stated that the six-page testimony the student provided to campus police in November 2024, shortly after the event, did not contain allegations of non-consensual drugging or gang rape. Instead, he noted that the document described her participation in drug use and sexual activity as voluntary and consensual.
Details of the 2024 Police Statement
According to the District Attorney, the student’s November 2024 statement detailed her arrival at the fraternity house to meet a friend. She reported her intoxication level as a five out of ten upon arrival. The statement described a series of sexual encounters, including a threesome, which the student characterized as consensual at the time. The narrative provided to police included instances where she declined specific sexual acts, such as a foursome, and described interactions with several individuals present at the house.
The District Attorney’s office also addressed reports involving text messages exchanged between the student and one of the accused men shortly after the incident. According to reports, the student wrote that none of the sexual activity was illegal and expressed a desire to meet again, though she suggested excluding the other individuals and substances involved. Van Houten stated that he released the information to clarify why his office did not pursue criminal charges, noting that he had been inundated with inquiries from the public.
Legal Context and Public Reaction
The case has reignited discussions regarding New York state law, specifically regarding the prosecution of sexual assault cases involving
The decision to make the student's testimony public has drawn sharp criticism from advocacy groups. Stefan Turkheimer, vice president of public policy for the anti-sexual violence organization RAINN, characterized the release of the testimony as victim-blaming. He argued that such actions by prosecutors can discourage victims from coming forward, particularly in cases where the individual was incapacitated due to voluntary intoxication. While acknowledging the complexity of trauma and the time it may take for victims to process such events, Van Houten maintained that the release was necessary to provide transparency regarding the lack of criminal charges.
