One of the men sued by a former Cornell University student, identified as Jane Doe, has asked a judge to dismiss the case against him, arguing that her allegations do not support her broader accusations of rape and sexual assault.
Diego Sarabia filed a motion Friday seeking the dismissal of all claims against him in Doe’s lawsuit filed Sept. 16 in New York state court. Sarabia, who was a member of the Chi Phi fraternity, was one of seven men initially prosecuted by Doe for allegedly participating in a gang rape at the Chi Phi house from October 19 to 20, 2024.
Sarabia denies the allegations against him, according to the filing. His attorneys argue that even if the factual allegations in the complaint are accepted as true for purposes of the motion, the complaints against him were filed too late, are legally insufficient, or both.
James C. Knox, Sarabia’s attorney, wrote in the motion that regarding the allegations against his client, “this is essentially a forced kiss trial.” Knox argued that the conduct Doe attributed to Sarabia did not qualify for the extended statute of limitations she cited for certain sexual offenses.
Doe accused Sarabia of grabbing his face, kissing him and snorting ketamine off his body with other fraternity members during a drug and alcohol-fueled encounter in what was known as the “alumni hall” of the fraternity house.
“Over the course of a broad complaint approaching 600 paragraphs, Plaintiff repeatedly accuses, collectively and indiscriminately, seven accused students of ‘sexual assault and rape,’” Knox wrote in his filing. “These legally conclusive statements do not supersede the alleged facts.”
Knox argued that the complaint did not allege that Sarabia “provided him with drugs or alcohol, participated in any of the alleged sexual relationships described elsewhere in the complaint, or was even present in much of the conduct that forms the basis of plaintiff’s broader allegations.”
The attorney said the assault, battery and intentional infliction of emotional distress claims are barred by a one-year statute of limitations and that the allegations against Sarabia do not qualify for the extensions cited in the complaint.
Doe’s attorney, Thomas Giuffra, declined to comment Sunday. Giuffra previously agreed to withdraw her complaints against the fraternity chapter’s interim president at the time.
The lawsuit inspired calls for accountability at the Ivy League institution, where current and former students and community members have accused the administration of not doing enough to protect women from sexual assault.
Cornell Board of Trustees Hires Former Deputy Attorney General Sally Yates “lead a comprehensive independent review of how the University prevents and responds to sexual harassment, sexual assault and related misconduct on campus. »
Doe’s allegations were investigated by Cornell University police. An internal civil rights investigation led to the expulsion of two students and disciplinary action against others. Tompkins County Prosecutor Matthew Van Houten declined to file charges in November 2024, based on a six-page statement in which Doe described some of the sexual behavior that night as consensual.
Van Houten declined to evaluate other investigative materials gathered by investigators, including other witness statements.
Gov. Kathy Hochul called the assessment inadequate and recently named state Attorney General Letitia James as special prosecutor to investigate the allegations. James’ office initiated this process. The attorney general should hire outside investigators to assist in his efforts.
Two of the accused men are seeking to disqualify James from overseeing the investigation based on a comment she made on social media about the case before being tapped to lead the investigation. They argued that the state’s top law enforcement officials had prejudged the case. Both challenges are still pending.
James rejected calls to step down from the case and said she was “determined to conduct a thorough investigation that they can trust, guided only by the facts, the evidence and the law.”
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