The Chi Phi frat house at Cornell. New York Post.
A fraternity member accused of sexual assault in the Cornell 7 case has made and explosive counter-claim that the Jane Doe in the case actually assaulted him. New York Post. Matthew Ingalls made the statement during Cornell's internal investigation into the incident. Ingalls said that while he was passed out, Jane Doe "sodomized" him (referring to oral sex). Ingalls also said that university was aware that he made the claims against Jane Doe but did not receive any assistance or help because of his gender. Doe's own account said that Ingalls passed out multiple times during the initial sexual encounter. Ingalls was expelled by Cornell after the investigation, and no one has faced charges in the case.
My Comment:
When I first read about this case I thought that by Jane Doe's original statement, it was very possible that she sexually assaulted at least one of the brothers under New York Law. Male #1 and Male #2 in her statement were showing signs of extreme intoxication and even she admitted that Male #1, Matthew Ingalls, had passed out during the sex. She claimed she stopped having sex with him then, but Ingalls now claims that he was assaulted as he was passed out.
Indeed, the accusations against Jane Doe are a lot less legally ambiguous than the accusations she made. Under New York Law simple intoxication isn't enough, you have to be drugged against your will. Nothing in Doe's original statement said that she was drugged against her will.
However, Ingalls accusation is a lot more cut and dry. If he was passed out while Doe was giving him oral sex, that's unambiguously rape. There isn't a legal question there, it's pretty explicit, having sex with an unconscious person, even just oral sex, is highly illegal and if Jane Doe did so she should be charged and convicted.
Ingalls isn't the only one who has accused Jane Doe of wrong doing. Another brother, Gillio Lopes, said that Jane Doe initiated sexual contact with him without his consent. Again, this is a bit more cut and dry as it doesn't have much to do with how intoxicated Lopes was. Legally, it probably doesn't reach the standard of sexual assault under New York Law, but it would be a violation of Cornell's sexual assault guidelines.
Of course, people's reactions to these new accusations against Jane Doe will probably tell more about them than the actual facts of this case. I think the feminist supporters of Jane Doe will, at best, not update their priors at all and will simply dismiss the claims of Ingalls and Lopes. At worse they will claim they are making it up. Supporters of the Cornell 7 will likely say this proves that Jane Doe was lying about everything and that at least Ingalls and Lopes were the actual victims.
However, it's very possible that both groups are wrong and both Ingalls and Jane Doe assaulted each other. If we take both Ingalls and Doe's statements at face value and "believe the victims" than that is what happened. It's very possible that Ingalls passed out, Jane Doe assaulted him, he wakes up, Doe passes out and he assaults her. Then both of them are felons! And, of course, it's not proof either way for the rest of the frat brothers named in the lawsuit, especially the three that said they had no sexual contact with Jane Doe whatsoever.
I think the ambiguity over this case and the obvious questions over the law more than justifies the fact that this case never made it to an arrest. Ingalls does have a credible claim that he was a victim and Jane Doe is not a good witness given she changed her story. Without clear evidence proving either side is telling the truth, a conviction would be unlikely. Indeed, I think that the original Cornell case outcome is almost fair, two brothers were kicked out for their behavior, which even if Jane Doe's accusations are false, would still be a violation of Cornell's policies, not to mention the drug use. It would be fair if Jane Doe had been expelled too, as, again, without any judgement to the truth to the claims, still voluntarily took illegal drugs.
What I do think is true is that Cornell did discriminate against Ingalls. If he did indeed report Jane Doe for assault, there should have been an investigation into his claims. I do think that this was not done because Ingalls was a man. He might have a lawsuit against Cornell as well. Regardless of his guilt or innocence, under the laws of the United States, he had just as much of a right to have his accusations examined as Jane Doe.
Finally, I do think that this case is a lot more complex than folks want to make it out to be. It's an extremely messy and complicated one where there may have been multiple victims. It's not an open and shut case of sexual assault or a clear cut false accusation. And the truth of the matter is that without actual physical evidence or a witness that doesn't have an incentive to lie, we probably won't ever know what exactly happened and who did what to whom.
It's he-said she-said all the way down and it's a major reason why it's frustrating that this case blew up the way it did. I know some of that is the Democrats trying to blow it up to get young women to vote in the midterms, but honestly this is a case of generating heat, not light. What I do know is that it is pouring fuel on an already raging gender war.




