Cornell 7 Defendant Seeks Dismissal of Sexual Assault Suit on Legal Grounds

One of the men accused in the high-profile Jane Doe lawsuit against the "Cornell 7" is trying to get himself out of the fight. According to NBC News ^[2], Diego Sarabia filed a motion Friday seeking dismissal of all claims against him. His legal team argues that the allegations, which include grabbing Doe's face and kissing her without consent, are legally insufficient or were filed too late.

Sarabia’s attorney, James C. Knox, characterized the lawsuit against his client as "essentially a lawsuit about a forced kiss," as reported by the Independent ^[3]. The filing contends that while the complaint spans nearly 600 paragraphs accusing seven men of gang rape, the specific claims against Sarabia do not meet the threshold for the extended statute of limitations cited by Doe. NBC News ^[2] noted that Knox argued the complaint failed to allege Sarabia supplied drugs or participated in the broader sexual encounters described elsewhere.

The lawsuit stems from an alleged incident in October 2024 at the Chi Phi fraternity house. Sarabia is accused of forcibly kissing Doe and snorting ketamine off her body. TMZ ^[1] reports that Sarabia’s team denies he provided drugs or had sexual intercourse with Doe. They also argue that claims of assault and battery are barred by a one-year statute of limitations, which they say has already expired.

Doe’s attorney, Thomas Giuffra, declined to comment. The case has sparked a reckoning at Cornell University, leading to an independent review led by former Deputy Attorney General Sally Yates. While two students were expelled by the university, Tompkins County District Attorney Matthew Van Houten initially declined to press charges. New York Attorney General Letitia James has since taken over as special prosecutor.

Two of the other defendants have attempted to disqualify James, citing social media posts she made before her appointment. James has defended her role, stating she is committed to a fair investigation. A hearing on the challenges to James’s involvement is scheduled for Oct. 29, according to TMZ ^[1]. Sarabia previously failed in his attempt to limit public commentary by other lawyers in the case.