One of the ‘Cornell 7’ wants the claims against him dismissed, arguing: ‘Essentially a lawsuit about a forced kiss’

One of the men being sued by the former Cornell University student known as Jane Doe in connection with an alleged gang rape has asked a judge to dismiss the claims against him, arguing that they do not support the broader accusations of rape and sexual assault.

Doe accused former Cornell student Diego Sarabia of grabbing her face and kissing her without consent and snorting ketamine off her body with other fraternity members during an alleged drug- and alcohol-fueled rape at the frat house at the now-defunct Chi Phi fraternity house in Ithaca, New York, in October 2024.

He is one of seven men accused by Doe of participating in the alleged gang rape and Sarabia’s lawyers filed a motion Friday to dismiss the claims against him in the September lawsuit.

Sarabia denies all the allegations against him, according to the filing. His lawyers argue that even if Doe’s allegations were accepted as true “for purposes of this motion,” her claims against him are either legally insufficient, filed too late, or both.

Doe’s allegations against him are “essentially a lawsuit about a forced kiss,” his attorneys argue in the filing. They also argue that the statute of limitations for the specific offenses Doe accuses Sarabia of have already expired.

“Throughout a sprawling complaint approaching 600 paragraphs, plaintiff repeatedly, collectively and without differentiation accuses seven student defendants of ‘sexual assault and rape,’” the lawyers wrote in their filing. “Those legally conclusory statements do not substitute for pleaded facts.”

His lawyers argue that the complaint did not allege that Sarabia “supplied her with drugs or alcohol, participated in any of the alleged sexual encounters described elsewhere in the complaint, or was even present for most of the conduct that forms on the basis of plaintiff’s broader allegations.”

Additionally, they argue that the assault, battery and intentional infliction of emotional distress claims are limited to a one-year statute of limitations. The lawyers argue that the allegations against Sarabia do not qualify for extensions that are cited in Doe’s lawsuit.

Sarabia had no legal duty to supervise, protect or control either Doe or the other adult students involved, according to his attorneys. The motion asks the judge to dismiss the claims against Sarabia with prejudice, meaning Doe cannot bring those claims against him again.

The Independent has contacted Doe’s attorney, Thomas Giuffra, for comment.

In addition to the seven men, Doe’s lawsuit names Cornell University, the fraternity, a bar and the woman’s sorority as defendants. None of the men have been criminally charged, and all have denied wrongdoing.

The lawsuit has sparked a reckoning at the Ivy League college, as current and former students protest on Doe’s behalf, calling for the institution to do more for sexual assault survivors.

After the alleged assault, Doe reported the incident to Cornell’s police department, triggering the suspension of the Chi Phi fraternity and prompting a months-long investigation. Two of the men were expelled, and others were suspended.

The New York Attorney General Letitia James has since reopened a criminal investigation into the allegations, although no one has been arrested or charged.

Two of the accused men are seeking to disqualify James from overseeing the investigation after comments she made about the case on social media before she was asked to run the probe.

Both challenges remain pending and James has said she is “committed to leading a comprehensive investigation they can trust, guided only by the facts, the evidence, and the law.”