Cornell Defendant Argues 2024 Assault Lawsuit Is Time-Barred and Factually Insufficient

Key points

• Diego Sarabia, a former member of the Chi Phi fraternity at Cornell University, filed a motion on October 23, 2026, seeking to be dismissed from the civil lawsuit filed by Jane Doe.
• Sarabia's attorney, James Knox, argues that the claims against his client are barred by a strict one-year statute of limitations, as the lawsuit was filed nearly two years after the alleged October 2024 incident.
• The defense contends that the complaint's allegations against Sarabia are limited to grabbing the plaintiff's face, kissing her without consent, and snorting ketamine off her body, which they argue do not amount to sexual assault or rape.
• Knox stated that the complaint fails to allege that Sarabia supplied drugs or alcohol, participated in sexual encounters, or was present for the majority of the conduct described in the broader allegations.
• Jane Doe's attorney, Thomas Giuffra, has not yet filed a response to the motion, though he previously agreed to withdraw claims against the acting president of the Chi Phi chapter at the time of the incident.
• The lawsuit, filed in September 2026, alleges that seven Chi Phi members drugged and gang-raped Jane Doe in the fraternity house in October 2024, leading to national scrutiny of Cornell's response to sexual assault allegations.

Background

This development follows the filing of a civil lawsuit in September 2026 by a former Cornell student, identified as Jane Doe, who alleges she was drugged and gang-raped by seven Chi Phi fraternity members in October 2024. The case has sparked national debate over Cornell's handling of sexual violence, with critics accusing the university of inadequate protection and accountability. In response to the civil suit, Tompkins County District Attorney Matthew Van Houten reopened a criminal investigation, which had previously been declined based on a 2024 statement describing the events as consensual. Additionally, New York Attorney General Letitia James was appointed as special prosecutor to investigate the incident, while Cornell's Board of Trustees hired former Deputy Attorney General Sally Yates to lead an independent review of the university's response to sexual misconduct.

How outlets are covering it

ABC News and NBC News report that Sarabia's attorney, James Knox, argues the lawsuit is time-barred and that the allegations against him are limited to a forced kiss and snorting ketamine, which do not constitute rape. WSTM emphasizes that the defense argues the plaintiff's own accounts exonerate Sarabia from the accusations of rape and non-consensual contact, noting that the complaint is 'riddled with generalized claims' that do not support the defendant forcibly sexually assaulting Doe. The Cornell Daily Sun reports that former Chi Phi president Orazio Petito was dropped from the lawsuit after being incorrectly identified as the fraternity president at the time of the alleged assault, with his attorney stating that 'justice was served' in his release. All sources agree that the broader case continues to face procedural challenges, including pending challenges to the special prosecutor's involvement and ongoing investigations by state and university officials.

Why it matters

The motion to dismiss by one of the named defendants highlights the legal and procedural complexities surrounding the civil lawsuit, which has drawn national attention to Cornell's handling of sexual assault allegations. The case underscores ongoing debates about the statute of limitations in sexual assault cases, the adequacy of university responses to misconduct, and the role of state and federal investigations in holding institutions accountable. The outcome of this motion could set a precedent for similar cases involving delayed reporting and the scope of liability in gang rape allegations.

What to watch

Jane Doe's attorney, Thomas Giuffra, is expected to file a response to the motion to dismiss, which could lead to further legal proceedings or a decision by the court. The special prosecutor, Letitia James, is expected to continue her investigation into the incident, potentially leading to criminal charges or further civil actions. Cornell University is also expected to continue its internal probe and implement additional measures to improve campus safety, as mandated by its Board of Trustees.