The Possibility of Criminal Prosecution
As a high-stakes civil lawsuit gains traction, legal experts suggest it is not uncommon for such proceedings to pave the way for subsequent criminal investigations. This appears to be the current trajectory for the case involving allegations of gang rape brought by a former Cornell University student against several fraternity members.
Tre Lovell, a civil trial attorney based in Los Angeles, indicated that the accused individuals may very well face criminal charges if the victim's allegations can be effectively corroborated. However, Lovell emphasized a crucial distinction: «Then at that point, whether or not they get convicted, that’s a much much different question.»
The severity of the allegations has generated significant public outcry and media attention, ultimately leading to a reopened criminal investigation. While the seven accused men have consistently denied all allegations, the case is now being spearheaded by New York Attorney General Letitia James, following Governor Kathy Hochul's decision to appoint her as a special prosecutor.
The Intersection of Civil and Criminal Proceedings
According to Lovell, the civil complaint often functions as a "roadmap" for prosecutors, assisting them in building a criminal case. To move forward with charges, the prosecution must establish probable cause that a crime—specifically non-consensual sexual activity—took place. Yet, proving these elements in a university social setting remains inherently complex.
«Most defendants in a sexual assault rape case are going to say, A: it was consent, or B: I wasn’t there, and that’s going to be a typical defense,» Lovell explained.
Potential for a Stay in Civil Litigation
Beyond the immediate possibility of criminal charges, the civil lawsuit may face procedural hurdles. It is highly probable that the defendants will attempt to pause the civil case until the criminal investigation concludes.
Lovell noted that the court holds the authority to grant such a stay, as criminal investigations trigger specific constitutional protections:
«The reason is, once you’re charged or you’re being investigated criminally, your constitutional rights kick in, and the Fifth Amendment right not to self incriminate. During the civil case, at that point they can then invoke the Fifth and not be subject to the deposition, not have to respond to discovery, because such could be used in the criminal case.»
Given these implications, legal observers would not be surprised if the defense team moves to stay the civil litigation in the near future.