The woman who claims she was gang raped at Cornell University is refusing to back down after one of the seven men named in her civil lawsuit filed a motion to have the claims against him dismissed.
Diego Sarabia's attorneys argue that the former student, who has been named only as Jane Doe, unfairly lumped him in with six other defendants accused of sexually assaulting her during a drug and alcohol-fueled night at Cornell's Chi Phi fraternity house in October 2024.
In a statement to the Daily Mail, Doe's attorney Thomas Giuffra responded: 'We will be opposing Mr Sarabia's motion. We look forward to holding him accountable for his role in the assault of Jane Doe at the Chi Phi House.'
Sarabia, who denies the all the allegations made against him, maintains that the conduct attributed to him does not support the accusations of rape and sexual assault in the nearly 600-paragraph complaint.
His lawyer, James C Knox, says the claims against Sarabia are not only legally flimsy but may also be time-barred, or possibly both.
Doe alleges Sarabia grabbed her face, kissed her and participated with other fraternity members in snorting ketamine off her body inside the fraternity house's alumni room between October 19 and 20, 2024.
Yet Knox argues the complaint fails to demonstrate that his client was involved in the alleged sexual encounters.
Diego Sarabia, one of seven men named in a civil lawsuit brought by a former student identified as Jane Doe, filed a motion Friday seeking to have all claims against him dismissed
Jonathan Newell
Matthew Ingalls
Winston Lee
His legal team also argues the complaint does not allege Sarabia supplied Doe with drugs or alcohol and maintains he was not present for much of the misconduct described in the lawsuit.
Sarabia's attorneys are also waging another battle, aiming to silence Doe's lawyer from making public statements about the case.
According to court filings reviewed by the Daily Mail, Sarabia has asked a judge to limit Giuffra's media appearances and commentary on the lawsuit.
His legal team has accused Doe and her attorney of masterminding an 'orchestrated campaign' with reporters, alleging it began before the lawsuit was filed.
These legal maneuvers unfold against a growing controversy over the events inside the fraternity house and Cornell's and local authorities' responses to Doe's allegations.
The former student's lawsuit, filed on September 16 in New York State Supreme Court, accused seven men of participating in an alleged gang rape during the October 2024 encounter.
The seven men named as defendants in the civil lawsuit regarding the October 2024 incident at Cornell University's Chi Phi fraternity house, along with Diego Sarabia, are Matthew Ingalls, Jonathan Newell, Winston Lee, Gillio Lopes, Scott Norris and Scott Kretzschmar. All seven have denied any wrongdoing.
Sarabia's bid to have the claims against him dismissed remains before a judge.
No criminal charges have been filed against the "Cornell 7"; the ongoing case remains limited to a civil lawsuit and an active state investigation.
