Diego Sarabia, one of the defendants in the Cornell 7 civil case, is asking a court to dismiss the claims against him, arguing that they amount to an alleged “forced kiss” and were brought too late.
Sarabia’s lawyers deny the allegations. In court papers, they argued that the claims against him were legally insufficient, outside the relevant time limit, or both.
Jane Doe alleges that seven Cornell University fraternity members sexually assaulted her. Sarabia is accused of forcibly kissing her and snorting ketamine from her body.
His legal team said Sarabia is not accused of supplying drugs to Jane Doe or of having sexual intercourse with her. His lawyer described the case against him as “essentially a lawsuit about a forced kiss”.
The filing also challenges separate allegations of assault, battery and intentional infliction of emotional distress, arguing that each is subject to a one-year statute of limitations.
Sarabia and his lawyers previously sought to prevent those involved in the case from speaking publicly about it. Judge Phaedra Perry-Bond rejected that request, ruling that their argument for restricting others’ free speech was not sufficiently persuasive.
The civil proceedings are separate from a criminal investigation. After the Tompkins County district attorney declined to pursue charges, New York Attorney General Letitia James took over as special prosecutor.
James has since faced claims of bias from another defendant, Gillio Lopes, who sought to have her removed from the investigation after she posted about Jane Doe. Ms James said the post had been made out of empathy.
A hearing on that matter is scheduled for October 29.
