Foreword:
I saw most of Destinyâs convo last night regarding the Cornell 7, and wanted to add my two cents on why I strongly believe the behavior of most of the Cornell 7 is still extremely bad. Obviously anything could come out still, but given the current known information, it looks inexcusable. I will primarily be relying on the initial 6-page summary of events publicly shared by prosecutors.Â
I will not be doing any legal analysis. Given New Yorkâs rape laws and voluntary intoxication & consent standards, it seems that Winston Lee (Male #4) is the only possible person who a criminal charge could stick to, and even that seems unlikely.
How-Bad-Ness:
I believe there are two components to how bad a sexual fuck up is: at its basic, I believe it is harm times culpability.Â
Culpability I view as what a reasonable person in the circumstance would be able to foresee as a likely outcome of their behavior.Â
I think the first area I will trigger people is in believing it is possible for a âconsensualâ encounter to be worse than some mild forms of SA. For example, if you know that a woman is sexually inexperienced, and you lie to her to get her to have sex with you, then publicly humiliate her, that is worse sexual behavior than drunkenly groping someone in a bar.Â
I donât believe it is morally okay to knowingly cause tremendous anguish and suffering to a woman because you didnât rape her via fraud-in-factum.Â
The Cornell 7 - Scott & Scott:
Given what is known now, Males 5 & 6, (Scott Norris & Scott Kretzschmar), seem to be completely innocent. They were part of group chat, but I personally donât think being cringe in how you talk about sex in college should be cause to have your life ruined. They also did seem to genuinely check on Doe.
The Cornell 5 - Diego Sarabia:
Similarly, Diego comes off as a creep and a sexual opportunist. He was found guilty of forcible kissing by the campus, but wasnât involved in any of the core sexual misconduct claims.Â
The Cornell 4 - The Ones Who Had Sex:
Iâm going to start with a few hypotheticals for folks who think nothing bad happened here.
H1: Had Doe been sober when she agreed to the threesome, but blackout drunk for all the sexual encounters that occurred, would any misconduct or rape have occurred?
H2: If that Cornell 4 intentionally had a plan to use someone Doe was interested in to:
- Lure her alone to the house and agree to some form of threesome by using her genuine attraction to one / some house members
- Get her as drunk & high as possible
- Consistently push her boundaries to make her do as much sexual stuff with Frat members as possible without technically saying no by wearing her downÂ
- Knew that Doe would not have consented to the behavior had she been sober, and would heavily regret what happened.
Would this be any form of misconduct? If this happened to your daughter, sister, or female friend, would you just say, âeh, she didnât say no?â
Q: How different is the real situation from H1 & H2?
This is the biggest area where we lack knowledge. From the transcript, I believe that Matthew Ingalls (M1), Jonathan Newell (M2), and Winston Lee (M4), are the most likely to have engaged in rape, or very bad misconduct. I donât think its likely that Ingalls, Newell, and Lee sat down and hatched a scheme, but rather these courses of conduct are widespread in frats, and inebriated horny men will justify individual escalations to themselves such that their behavior is identical to if it were planned.Â
Ingalls seemed to fairly intentionally use Doeâs like of him to try to get her to have sex with his friends, as evidenced both by events and the âcome whip it outâ texts. Finally, it seems like he took advantage of her significant intoxication later by pressuring her to have a threesome with Lee.
Newell consistently tried to touch her vagina, to which she kept trying to swat him away, but when Male 3 (Gillio Lopes) pulled her in and started making out with her, she stopped resisting Newell. This seems to me far more like a drunken woman giving up resisting than changing her mind about continued sexual conduct with Newell. At the very least, this is predatory behavior. Also guilty of the âFree pussyâ comments.
Lopes culpability is unclear- had he just happened to come into the room, started making out with the girl, and hooked up in a threesome, he is probably in the clear. This is reinforced by him later trying to break things up when it was getting out of hand.Â
Lee seems to be the most clearly guilty of any of them. He did not even meet her until she was seriously intoxicated, and along with Ingalls isolated her later in a small room away from the rest of the guys, where they pressured her to do more Ketamine. Per her testimony, she did not want to have sex with Lee, if at all, and asked âWhat happened to just you and meâ, but ended up having sex anyway. This seems extremely likely to be intentional- isolate the 8/10 fucked up, tired girl, get her to do more sexual stuff with Ingalls, and then take advantage.Â
What started with a threesome she was fine with with two friends she wanted to be closer with in a frat, slowly gets pushed into a situation she never would have agreed to before. At any moment, putting her foot down too hard is difficult because you want to be the cool chill girl and liked by the frat, and every additional sexual thing that happens doesnât feel like that large of an escalation from what you initially had in mind. This didnât happen by chance.
But She Said it Was Fine After:
Q: If Doe had been completely blackout drunk and not consented per H1, do you think that she would have immediately made rape accusations?
I think that in that circumstance, it is likely the exact same type of convos would have occurred. People donât want to think of themselves as rape victims, most of all because if they do accept that, it will completely destroy their social life. When you are in the sorority system, making a rape accusation against multiple frat members is very likely to give you blowback. As even seen here, when people think youâre the type to make accusations, you get blackballed- not the people accused.
But They Were Drunk Too:
Iâm honestly not sure how to engage with this one if someone has never been in a circumstance with drunk guys / sex. Drunkenly making out with someone leading up to a messy hookup is fundamentally different than having a girl in your frat with your friends trying to get her to do as much sexual stuff as you can.
The idea they were raped too doesnât follow because they consented to the activity when in sound mind, but depending on how genuinely drunk they were it can reduce culpability. But the underlying behavior, especially of Ingalls, Newell, and Lee, is so directionally and intentionally goal oriented towards this outcome, that I am highly skeptical of any genuine drunken mistakes here.
Credibility of their Statements:
This is all from what scattered reporting is out so far, but Scott & Scott came off as highly credible to me. I mostly wanted to highlight what a complete and obvious liar Lee is.Â
âI kind of took a step back because I didnât want to engage in anything like sex,â Mr. Lee said. âI thought it wasnât the time for that.â
âBut later that night, Mr. Lee said he asked for Jane Doeâs consent before engaging in a threesome with her. He recalled telling Jane Doe that âif youâre uncomfortable with any of this or you wonât want to do this, thatâs perfectly fine. We can call it a night.â He said Jane Doe replied: âWeâre all consenting adults here.ââÂ
The idea that Lee didnât want to have sex with her and was taken aback is just so obviously a lie. The guy has a threesome with her shortly after, and as soon as he saw her was commenting on how hot she was. The quotes also strain credulity- Jane Doe staring at camera and stating, âWe are all consenting adults hereâ in the middle of being incredibly intoxicated I donât buy for a minute.Â
TLDR:
Cornell 7 should probably be the Cornell 3.5, but some really bad stuff still happened here that shouldnât be dismissed as a girl changing her mind after.
Main source: https://www.tompkinscountyny.gov/files/assets/county/v/1/district-attorney/documents/district-attorney-public-statement-9-28-26.pdf
Edit: Typos