According to the police report she filed when it first happened, she indicated it was consensual.
District Attorney Matthew Van Houten said the decision not to bring charges was based on the initial statement taken by the Cornell University Police Department, a six-page sworn statement from the victim.
“We take that with the foundation and the presumption that everything that she said is true, and we determine whether, if those allegations are true, they constitute the elements of any crime under the New York State Penal Law,” he explained. “We are constrained to prosecute cases based on evidence and not based on emotion or social media.”
The statement given at the time did not constitute a crime, Van Houten said.
“She did not allege that she was physically forced to engage in sexual conduct. She did not allege that she was physically helpless. In other words, that she was unconscious. She did not allege that she was given drugs without her knowledge, which would be an element of mentally incapacitated or incapacitation,” he said.
He stressed that legal constraints do not excuse what happened.
“I certainly agree that what happened in October of 2024 was morally disgusting, and any of our sons and young people, young men that we want to bring up in this world, we hope would not make the decisions that those young paternity members made in October of 2024, but we have to look at it from the legal perspective,” he said.
2 years after that, she filed her civil lawuit against Cornell University about the same event.