A TikTok creator has sparked backlash after arguing that a summary of a woman's 2024 statement in the Cornell 7 case showed the seven men accused of sexual assault 'did nothing wrong'.
Drayton Nay argued that the woman's original account differed substantially from allegations made in a later civil lawsuit, including claims that she drank about 10 alcoholic drinks before arriving at the fraternity house. Another TikTok creator accused him of victim-blaming and argued that an earlier consensual encounter would not establish consent to everything alleged to have happened later.
The competing interpretations come as Tompkins County prosecutors reopen their criminal investigation into allegations that seven former Cornell students sexually assaulted the woman at the Chi Phi fraternity house in October 2024. The seven men have not been criminally charged.
TikToker Challenges Cornell Allegations
Nay focused on details from the woman's November 2024 statement to Cornell University Police, as summarised by Tompkins County District Attorney Matthew Van Houten after the investigation was reopened.
According to Van Houten's summary, the woman said she agreed to a sexual encounter involving two Chi Phi fraternity members, citing her attraction to one of them and what she described as 'drunken curiousness'. The summary also describes later sexual encounters involving additional men.
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Nay argued that the account contradicted the civil lawsuit and questioned how both versions could be true. He said the woman either lied in her original statement or in the later lawsuit and argued that the men had been portrayed unfairly.
Those conclusions are Nay's interpretation of the evidence. The prosecutor's decision to reopen the investigation means the competing accounts have not been resolved through criminal proceedings.
Later Allegations And 10-Drink Claim
A second TikTok creator challenged Nay's interpretation, arguing that agreeing to an initial sexual encounter would not establish consent to everything that allegedly followed.
She highlighted allegations in the civil complaint that the woman consumed about 10 standard drinks during the three hours before arriving at the fraternity house. The lawsuit also alleges that she was pressured to take ketamine, used marijuana and consumed high-proof alcohol before sexual activity involving multiple men.
The creator argued that the woman's decision to drink or participate in an earlier sexual encounter did not determine what happened afterwards.
A separate interview transcript obtained by CBS News provides additional context. It showed the woman telling Cornell police that she was '100% confident I was raped'. CBS reported that Van Houten had not seen the full transcript when prosecutors originally decided not to bring charges.
Prosecutors Reopen Cornell 7 Investigation
Van Houten has said his office will present evidence to a grand jury as prosecutors reconsider whether criminal charges should be brought. He previously said the original investigation did not include the same allegations of drugging and incapacitation that appeared in the later civil complaint.
The woman, identified as Jane Doe in the lawsuit, alleges that seven former Cornell students sexually assaulted her at the Chi Phi fraternity house in October 2024. Lawyers for some of the defendants have denied the allegations.
Cornell previously conducted a Title IX investigation that resulted in suspensions and expulsions, while the Chi Phi chapter was closed and barred from campus.
The seven men remain civil defendants and have not been criminally charged. The reopened investigation and grand jury process will determine whether prosecutors pursue criminal charges.
