Cornell student seeks to dismiss rape lawsuit claims against him

Summarised from 2 outlets · Updated 26 Oct, 21:44 · Archive

Diego Sarabia, one of seven men accused in a civil suit over an alleged gang rape at a Cornell fraternity house, has filed a motion to dismiss the claims against him.

Diego Sarabia, one of seven men sued by a former Cornell University student identified as Jane Doe over an alleged gang rape, has filed a motion to dismiss all claims against him. The incident allegedly occurred at the now-defunct Chi Phi fraternity house in Ithaca, New York, in October 2024.

Doe accuses Sarabia of grabbing her face, kissing her without consent, and participating with other fraternity members in snorting ketamine off her body inside the fraternity house's alumni room. Sarabia denies all allegations against him.

His attorneys argue that the conduct attributed to Sarabia does not support the broader accusations of rape and sexual assault in the nearly 600-paragraph complaint. In their motion filed Friday, they contend the claims against him are 'essentially a lawsuit about a forced kiss'. They also argue the claims are either legally insufficient, brought too late, or both, and that the statute of limitations for the specific offences Doe accuses Sarabia of has already expired.

The lawyers maintain the complaint does not allege Sarabia supplied Doe with drugs or alcohol and that he was not present for much of the misconduct described in the lawsuit.

How it is being reported

• One of the ‘Cornell 7’ wants the claims against him dismissed, arguing: ‘Essentially a lawsuit about a forced kiss’Lawyers for Diego Sarabia say the allegations against him do not support Jane Doe’s broader accusations of rape and sexual assaultIndependent World · 26 Oct, 21:22
• One of Cornell 7 sued by Jane Doe over alleged gang rape says he should be dropped from lawsuitDiego 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.Daily Mail · 26 Oct, 16:30

In this story: Diego Sarabia · Jane Doe · Cornell University · Chi Phi · Ithaca

This summary was written by AI from the headlines and standfirsts above, and states as fact only what at least two outlets report. How we use AI · Report a problem