Diego Sarabia Seeks Dismissal in Cornell Gang Rape Lawsuit, Citing Legal Insufficiency
Diego Sarabia, one of the 'Cornell 7,' moves to dismiss sexual assault claims, arguing allegations are legally insufficient and time-barred. Read more.
POLICY WIRE — Ithaca, New York — Diego Sarabia, one of seven men named in a high-profile lawsuit involving a former Cornell University student, has formally requested that a judge dismiss the claims brought against him. His legal team contends that the allegations fail to support the broader accusations of rape and sexual assault leveled by the plaintiff, known as Jane Doe.
The lawsuit stems from an incident in October 2024 at the now-shuttered Chi Phi fraternity house in Ithaca. Doe alleges that Sarabia grabbed her face and kissed her without consent, and further claims he snorted ketamine off her body alongside other fraternity members during a night of alleged drug- and alcohol-fueled sexual violence.
In a motion filed Friday, Sarabia’s attorneys argued that even if the plaintiff’s claims were accepted as true for the purpose of the motion, they remain legally insufficient or were filed past the statute of limitations. The defense characterized the case against their client as essentially a lawsuit about a forced kiss.
The filing criticizes the structure of the complaint, noting that across nearly 600 paragraphs, the plaintiff repeatedly and collectively accuses seven defendants of sexual assault and rape without providing specific, differentiated facts. The defense maintains that the complaint fails to allege that Sarabia provided drugs or alcohol, participated in the sexual encounters described elsewhere, or was present for the majority of the conduct cited.
Sarabia’s lawyers further argue that claims regarding assault, battery, and intentional infliction of emotional distress are subject to a one-year statute of limitations, which they claim has expired. They assert that Sarabia held no legal duty to supervise or protect the other adults involved and have requested the judge dismiss the claims with prejudice.
The lawsuit has triggered significant unrest at the Ivy League institution, leading to student protests and demands for improved support for survivors. Following Doe’s report to the Cornell police, the Chi Phi fraternity was suspended, leading to an investigation that resulted in the expulsion of two men and the suspension of others.
While no criminal charges have been filed against the seven men, New York Attorney General Letitia James has reopened a criminal investigation into the matter. Two of the accused men are currently attempting to disqualify James from the probe, citing her prior social media comments regarding the case. James has stated she remains committed to a comprehensive investigation guided by evidence and the law.
Reporting by Policy-Wire (PW)
