The Intersection of Civil Litigation and Criminal Inquiry
It is not uncommon for major civil lawsuits to trigger subsequent criminal probes, a phenomenon currently unfolding in the case of a woman who has accused several former Cornell University fraternity members of gang rape. Tre Lovell, a Los Angeles-based civil trial attorney, suggests that the accused men may very well face criminal charges, provided the allegations can be substantiated.
«Assuming that what the plaintiff alleged can be corroborated and substantiated, it is probable that charges will be filed against at least some of the accused,» Lovell remarked. He cautioned, however, that «whether or not they actually get convicted is a much, much different question.»
Investigation Dynamics and Prosecutorial Shifts
The severity of the allegations has generated significant public outcry and media attention. While the seven accused men have consistently denied all wrongdoing, the legal landscape shifted after the initial lawsuit was filed. Initially, Tompkins County District Attorney Matthew Van Houten had declined to prosecute the case in 2024, noting discrepancies in the victim's initial statements to police. However, following the lawsuit, Van Houten reopened the investigation, citing the gravity of the newly surfaced details.
The situation evolved further when New York Governor Kathy Hochul appointed State Attorney General Letitia James as a special prosecutor to lead the criminal investigation, taking over from Van Houten.
The Role of Civil Complaints in Criminal Proceedings
According to Lovell, the civil complaint often functions as a «roadmap» for prosecutors. To move forward with criminal charges, authorities must establish probable cause that a crime—specifically, non-consensual sexual activity—took place.
Proving these elements in a university setting is notoriously difficult. «Most defendants in a sexual assault rape case are going to argue either that it was consensual or that they were not present, which are typical defense strategies,» Lovell explained.
Potential Stays in Civil Proceedings
Beyond the immediate prospect of criminal charges, the investigation may impact the civil lawsuit's timeline. Lovell notes that the defendants may seek to have the civil case temporarily paused, or «stayed,» until the criminal investigation reaches a conclusion.
«The reason is that once you are charged or under criminal investigation, your constitutional rights take precedence, specifically the Fifth Amendment right against self-incrimination,» Lovell said. «During the civil case, they could invoke the Fifth Amendment to avoid depositions or responding to discovery, as such information could be utilized in the criminal proceedings. Consequently, I would not be surprised if the next procedural step in the civil case is a motion by the defendants to seek a stay.»