Cornell Defendant Argues Lawsuit Over 'Forced Kiss' Is Time-Barred

Key points

• Diego Sarabia filed a motion on October 23 to dismiss all claims against him in the lawsuit filed by Jane Doe on September 16.
• Attorney James Knox argues that Sarabia’s alleged conduct, specifically a forced kiss and snorting ketamine, does not meet the legal definition of rape or sexual assault.
• The defense contends the claims are barred by a one-year statute of limitations, as the suit was filed nearly two years after the October 2024 incident.
• Knox asserts that Doe’s complaint fails to allege that Sarabia supplied drugs, participated in sexual encounters, or was present for the broader alleged assault.
• Doe’s attorney, Thomas Giuffra, declined to comment on the motion, which seeks dismissal with prejudice.
• The case remains under investigation by New York Attorney General Letitia James, who was appointed as special prosecutor by Governor Kathy Hochul.

Background

This motion is part of a broader legal and institutional crisis at Cornell University following allegations of a gang rape at the Chi Phi fraternity house in October 2024. The university has suspended fraternity parties and hired former Deputy Attorney General Sally Yates to conduct an independent review of its response to sexual misconduct. Previously, the acting president of the Chi Phi chapter, Orazio Petito, was dropped from the lawsuit after being incorrectly identified as the fraternity president at the time of the incident. The case has also prompted a faculty no-confidence vote against the administration and ongoing debates about the university’s handling of sexual assault allegations.

How outlets are covering it

NBC News and ABC News report that Sarabia’s attorney, James Knox, characterized the claims against his client as essentially a lawsuit about a forced kiss, arguing that the conduct does not qualify for extended statute of limitations. WSTM provides a detailed breakdown of the legal arguments, noting that the defense claims Doe’s own accounts exonerate Sarabia from the most severe allegations. The Cornell Daily Sun focuses on the procedural aspect of the case, highlighting the removal of Orazio Petito from the lawsuit. All sources agree that the broader case remains under investigation by state authorities, with no criminal charges filed by the Tompkins County District Attorney in November 2024. The perspectives differ in emphasis: NBC and ABC focus on the legal strategy of the defense, WSTM details the specific legal grounds for dismissal, and the Cornell Daily Sun notes the procedural changes in the defendant list.

Why it matters

The motion to dismiss tests the legal boundaries of the civil lawsuit and the statute of limitations for sexual assault claims in New York. If successful, it could set a precedent for how similar cases are handled in court. The case also underscores the ongoing scrutiny of Cornell University’s response to sexual misconduct and the broader implications for fraternity culture on college campuses. The involvement of state and federal authorities, including the appointment of a special prosecutor, indicates the significance of the case beyond the immediate legal proceedings.

What to watch

Doe’s attorney, Thomas Giuffra, is expected to file a response to the motion to dismiss. The New York Attorney General’s office, led by Letitia James, is conducting an investigation into the allegations, with outside investigators expected to be hired. The university’s independent review, led by Sally Yates, is also ongoing. The outcome of the motion and the investigation will likely influence the direction of the civil lawsuit and any potential criminal charges.