🇺🇸⚡️- To begin with, the case involves one woman, Lucy Craig, and 7 men from the Chi Phi Fraternity at Cornell, alongside the use of alcohol, ketamine, and weed.
Craig, in 2024, had previously given statements to police, including an interview over the course of 2 days, which ultimately ended in no arrests or prosecutions.

The student paper posted the initial doxes of all the men’s names and called for their prosecution for gang rape. This went mega-viral on Instagram and TikTok, launching this civil suit against an Ivy League school into the stratosphere.

The full transcript of the initial 2024 police report is not public; however, the Tompkins County DA, Matthew Van Houten, has released a summary to the New York Times of what he believes are the legally relevant facts from the sworn statement Craig gave.
When comparing the 2024 statement to the 2026 civil suit, there are extreme differences in rhetoric, timeline of events, and actions taken by all parties involved.

When describing how drunk/high she was in 2024, she said she was “approximately 5 or 6 / 10 drunk,” while now, in the 2026 suit, she claims she was severely intoxicated and incapable of consenting.

When describing the first sexual encounter at the frat house, in ’24 she said she agreed because she was attracted to Male 1 and, in her “drunken curiosity” (her words), thought that Male 1 and 2 wanting a threesome meant they were gay. In 2026, she is now claiming Male 1 proposed the threesome and she was incapable of giving consent, and the activity occurred without it.

When describing the alcohol and drugs, in 2024 she said an unopened can of beer was handed to her and she was asked if she wanted more ketamine, and she acknowledged taking it multiple times. In 2026, she claims she was “pressured, plied, commanded, and instructed” to take ketamine, alcohol, and weed.

When another group of men entered, Males 4–7, in the 2024 statement she says the men complimented her while she hid under the covers, and when asked if they could do ketamine from her body, she said yes. In 2026, she claims she hid under the covers because she felt unable to leave and describes the men as increasingly aggressive and assertive towards her.

The final threesome, including Male 1 and 4, was described in long detail in both the 2024 statement and the civil suit. In the civil suit, she claims she was brought to another room, instructed to take additional ketamine, became completely incapacitated, and alleges oral and vaginal sex was forced upon her until approximately 5:45 a.m., after which she lost consciousness. In the 2024 statement, she remembered snorting more ketamine and described herself as approximately 8 out of 10 intoxicated. Male 1 proposed another threesome because he wanted “redemption” for earlier in the night.

In both statements, she describes actions that occurred that she did not want, such as one of the men trying to finger her while kissing before she swatted his hand away. However, in both statements there is no allegation that Male 5, 6, or 7 had intercourse with her, despite the popular narrative being that 7 men gang-raped her.

You can read further breakdowns of these facts in the National Review by Dan McLaughlin here

The original Police Statement here

And the 2026 suit here

A Title IX investigation was performed by Cornell against the 7 boys, which we will go over in the next post.

🇺🇸⚡️- When analyzing the 2024 statement given to police, it becomes clear it is impossible to bring any of New York’s rape charges against any of the men.

Craig disqualified herself from first-degree rape, which involves “physical helplessness,” meaning unconscious or unable to communicate consent. In the statement, she was perfectly conscious and inquired of one of the men, “what happened to just you and me?” clearly able to question what was happening.

She disqualified herself from second-degree rape, which requires being mentally incapacitated or disabled, excluding consensual intoxication (more on this later). She snorted ketamine willingly and got drunk willingly. It is impossible to pursue.

And for third-degree rape, which is the basic, what we think of as rape, simply involving sex with someone who does not consent, the victim must clearly state or exhibit lack of consent. When she did indicate that she did not want sexual acts to happen, they stopped, according to her own statement to police.

It is simply not possible to bring any successful charges against the Cornell 7 under current NYS law; however, as the public outcry continues and the political maneuvering currently taking place continues, the Cornell 7 are in serious trouble. There currently is a motion by the New York Legislature to get rid of the language for second-degree rape excluding consensual intoxication, meaning that charges would be able to succeed against the Cornell boys. The bill to change this has already passed the State Senate and is waiting in the Assembly.

New York notoriously has changed its sexual assault laws before in order to achieve political ends; it did so during the Biden Administration in order to go after Trump. It is highly likely these changes will be passed and the men will be in serious jeopardy. New York Governor Kathy Hochul has also announced tonight that NY Attorney General Lititia James will be personally leading the investigation into the Cornell 7, prompting backlash from the GOP for the first time this week in relation to the incident.

AG James had tweeted a few days ago a statement clearly showing she has already made up her mind about the case.

Thread analyzing NYS law can be read here for further context.

For any of our Law Students here is an important paper about Victim Intoxication laws in New York compared to the rest of the US that are now central to this case.

The next post will be about information revealed in the last couple of days.