Nor is my record of rat-smelling restricted to the detection of guilt. See Cardinal Pell, Julian Assange, Alex Salmond, Ched Evans, and the victims of Freya Heath, whose conviction was merely set aside on a procedural technicality. This has nothing to do with liking anyone. The beatification will presumably be the occasion of a Papal Visit to Australia, but if possible I shall be in Rome for the canonisation of Cardinal Pell. To keep Assange’s work going, I would have died in his stead. While I am opposed to the marrow of my bones to the political cause to which Salmond devoted his life, I expect that he and I would have got on. But Evans and I would find little to talk about, while Heath’s victims and I would have a very heated discussion indeed.
I am sure that would be able to stand no more than a few seconds in the company of Andrew Tate, and with two brothers I can scarcely find the words to describe the idea of any of the three of us as a fanboy of either of the others in the manner of Tristan Tate. But I cannot imagine that the United States would allow a white liberal American citizen to be treated as the Tates are being, and I would not be at all surprised if little or nothing came of this. Moreover, since no charge or even arrest has followed the alleged allegation against Bishop Robert Byrne CO, then it is fair to assume that there has never been a Police investigation into His Lordship. He should now sue every media outlet that had suggested that there was one. An Oratorian does not take a vow of poverty, and the English Oratories have friends who could afford any lawyer in London. I alone have publicly defended Bishop Byrne. I have done so from the very start, and I shall do so to my last breath. With all of that in mind, I am proud to bring you the words of the excellent Sohrab Ahmari and Valerie Stivers, to which the excellent Nikos Mohammadi contributed reporting:
May 15, 2025, was a bright day in New York. But all Scott Kretzschmar could see was the social and institutional black hole threatening to swallow his future. Kretzschmar, then a 20-year-old junior at Cornell University in Ithaca, NY, was trying to tell his side of the story before a Zoom-based university disciplinary panel that had charged him with some of the most heinous violations on the books: the rape and sexual exploitation of a female student at his fraternity house, the Xi Chapter of Chi Phi — part of a case that has now garnered global headlines.
Kretzschmar’s lawyer, Jeremy Saland, spotted something curious: Savannah Bao, one of the panel members, was in a car, seatbelted, and apparently driving (since the shadows playing over her face were shifting). Saland immediately emailed a flurry of complaints to Lauren Branchini, the university’s Title IX coordinator — who was involved in the case because the allegations implicated the federal antidiscrimination law. Here was a university adjudicator apparently carrying on with her various casual life activities while being presented with evidence in a case that could destroy a young man’s life, branding him a “rapist” forever.
“Shame on Cornell,” Saland fumed in one email. “I certainly hope none of you, from the General Counsel to anyone on that panel, is wrongfully accused of wrongdoing or has a child wrongfully accused, and has an adjudicator so cavalier and flippant towards the rule of law.” Branchini, the Title IX coordinator, coldly acknowledged that Saland’s protests had been entered into the record, and that Cornell would preserve records for a possible appeal. In the end, Kretzschmar was exonerated of rape and sexual exploitation but found guilty of attempted sexual exploitation, a charge Cornell hadn’t notified him of, despite its legal obligation to do so.
The written record of the day’s hearing, reviewed by UnHerd and first reported here, opens a window onto the one-sided procedures used by universities to impose after-the-fact accountability on one group and only one — accused young men.
The case — popularly dubbed the “Cornell 7” after the seven accused men, including Kretzschmar — has gone viral since the accuser filed a civil suit against a host of defendants in mid-September. The young woman, referred to as “Jane Doe” in her complaint, is suing Cornell and several of its officials, three bodies associated with the young men’s fraternity, the sorority to which she belonged at the time, a bar in Ithaca, and the seven young men.
A manic rush to judgement has followed, one that is all too reminiscent of episodes such as the 2006 Duke lacrosse case and the controversy sparked by a 2014 Rolling Stone essay that alleged a heinous, hours-long gang rape at a University of Virginia fraternity. Both of those earlier narratives ultimately unravelled under factual scrutiny, but not before upturning the lives of the accused and contributing to an atmosphere of paranoia and accusation on campus.
The Cornell case has yet to be fully adjudicated. Yet already, the staff of The Cornell Daily Sun, the university’s main student publication, published an editorial headlined, “Cornell Won’t, We Will”, and doxxed the students. They wrote, “We refuse for this victim to be reduced to just another story. Cornell has failed to protect its students. Cornell has failed to address the growing issue of sexual assault on campus with its pathetic task force. Cornell has failed the student allegedly raped by those seven men at Chi Phi in October 2024. Cornell has failed her. Cornell has failed us.” The accused students’ likenesses have been shared as well on social media, often with instructions to “make their images and names known”, or even to “remove their heads in a public setting” (the latter post has received more than 140,000 “likes” on Instagram as of the time of writing).
According to Jane Doe’s civil suit, it all went wrong on the evening of October 19, 2024. That’s when the 20-year-old Cornell student headed, alone, to the Chi Phi Xi Chapter fraternity house after a night of drinking that had begun in her sorority house and continued on Ithaca’s downtown strip. There, Doe’s suit claims, she was “drugged and raped by multiple members of Chi Phi National’s fraternal organization”.
The allegations are appalling: at the Chi Phi Xi Chapter house, two Cornell fraternity brothers, Matthew Ingalls and Johnathan Newell, allegedly pressured Doe into snorting ketamine and engaged her in a threeway sexual encounter without her consent. Another young man, Gillio Lopes, allegedly dropped by and joined in the rape. Then, at 1:42 a.m., Newell sent a message to the fraternity Snapchat advertising “free pussy” and providing the girl’s location — a bedroom at the frat called “alumni room” — thus allegedly encouraging other young men to come and rape Doe. Four more young men — Diego Sarabia, Winston Lee, Scott Norris, and Kretzschmar — are alleged to have entered the room at some point in the evening and had various degrees of contact with Doe. In the most lurid detail, Newell allegedly forced Doe to snort ketamine off his erect penis; the other young men, including Kretzschmar, are accused of snorting lines of ketamine off her naked body.
Kretzschmar’s side of the story can be gleaned from an administrative appeal he lodged this year, challenging his disciplinary conviction for attempted sexual exploitation on procedural grounds. UnHerd reviewed, for the first time, documents from the appeal, which haven’t been posted to the New York court system’s online docket. He asserts that when he saw the “free pussy” message on the group chat, he stopped by the alumni room to make sure nothing “bad” was afoot. He also insists that, when he stepped in, Doe was in bed but under the covers. Kretzschmar’s legal team apparently also provided the school with the results of a hair-follicle test, which turned up negative for ketamine. (Hair-follicle tests generally detect drugs, including ketamine, up to four months after use.)
Eventually, most of the young men allegedly departed the scene, and Doe was allegedly removed to another room in the fraternity house, where she claims she was raped until 5:45 a.m. by two remaining men.
Several weeks later, Doe says, she went to the Cornell Police Department (a private force) to file a complaint about the incident. The Tompkins County District Attorney’s office, however, declined to prosecute. Cornell instituted Title IX disciplinary proceedings against the seven men, two of whom were eventually expelled; five others received consequences that included suspension, sexual-assault training, and essay-writing.
Doe herself left the school some time after the incident, which had become widely known on campus, according to a Cornell student who spoke to UnHerd on condition of anonymity. Doe didn’t complete her degree at Cornell.
The sexual activities described in the lawsuit — if they were non-consensual — are horrifying. Yet the same activities, conducted consensually, amount to a more complicated matter. And evidence, emerging in the days since the story of Doe’s lawsuit broke, has painted a much murkier picture than the one presented in her civil suit.
A statement provided to The New York Times by Tompkins County District Attorney Matthew Van Houten summarises a “six page, single-spaced, typewritten statement”, amended with “more than 20 hand-written notations”, that was originally made by Jane Doe to campus security. Van Houten maintains that, based on the young woman’s statement, there were no legal grounds for criminal proceedings. Doe’s behaviour met the legal standards for consent in the state of New York, including voluntary consent to consume alcohol and drugs. Since then, and in response to the media brouhaha, his office has reopened a criminal investigation.
There are also many mitigating factors that cut in favour of the accused in Doe’s original complaint to Cornell police. The statement described “male number 1” — revealed in the later civil suit to be Ingalls — as her friend, with whom she had plans to meet. She rated her level of intoxication as “5 out of 10” upon arrival at the frat; said she agreed to the original threesome; agreed to take ketamine; and consented or declined consent to various sex acts. She snorted the line of ketamine off of the penis of “male number 2” because it was “implied” that he wanted her to; and she verbally consented to having other lines of ketamine snorted off her body. By the end of the evening, she reported, her level of intoxication was “8 out of 10”, and she found herself having sex with male number 1 and one other man, but couldn’t remember “how it started”.
The condition of the young men is not the focus of the statement, but the inability of “male number 1” to maintain an erection and need for a “nap” during the threesome, not to mention dry-heaving by “male number 2”, suggest that both of the original men in the scenario were also deeply impaired.
Other hallmarks of consent have also come to light, including a text message from Doe to one of the men in the days following the incident, in which she conceded that “non[e] of the sexual stuff was illegal” and suggested that they get together again, “but like leave out the extra 5 billion men and ketamine”. Doe’s attorney, Thomas Giuffra, confirmed to CBS News that she exchanged texts with a defendant, and suggested that her friendly tone was because she “was trying to find out what happened”. (Giuffra didn’t return UnHerd’s requests for comment.)
What happened to Doe was a tragedy. There is no question about that. The legal situation, however, is fairly clear: barring facts still to come to light, she was not sexually assaulted, not according to the legal definition under state law. Attempts to reopen the case would seem to be motivated by the eruption of public outrage. And Doe’s own civil claim makes the weak argument that she was “incapable of consent” due to intoxication, without presenting any of the standards of proof required, which go well beyond the simple fact of intoxication.
Even so, a young woman was involved in group sexual acts that she subsequently regretted, finding them alienating and degrading. In other words, Doe is mostly a victim of a campus sexual ethic that rests upon bare consent as its sole criterion of right and wrong. Try as they might — and they clearly did in this case, as will be seen, anon. — university and Greek-life officials can’t stop a student like Doe in her determination to drink away her own inhibitions and to place herself in sexually risky circumstances.
And Cornell did try. In 2022, the university established a special office that implements anti-sexual-violence training in fraternities. Four years earlier, it prohibited the consumption of hard alcohol in fraternity and sorority houses entirely.
Doe managed to drink anyway. Even before she left her own sorority for the evening, according to her own suit, she drank Tito’s vodka. This, in blatant violation of both the campus prohibition against hard alcohol in Greek houses and the sorority’s own rules. Then, at the two events that she later attended in Ithaca, the private vendors took measures to identify her as underage, marking X’s on her hands and giving her an under-21 bracelet.
At one of the events, Doe’s sorority had designated “sober monitors” to surveil “their fellow sorority sisters for signs of excessive intoxication”, according to the civil suit. Once again, Doe continued to drink. We can implement ever stricter measures: this week, Ithaca’s mayor moved to ban Cornell student-event permits altogether. However, in a more or less free society, those who want to get intoxicated and have sex will find a way to do so; decades of efforts to prevent this have so far been in vain.
Which is why the solution is not law, but judgement: among the young men, yes, but also the young women and the wider culture. Our narrow view of sexual morality holds that anything goes as long as there is consent. According to both our cultural values and the law, a young woman can engage in sexual activity with seven frat boys, provided it’s what she wants. Bonnie Blue, to some, is a feminist icon. As a standard for sexuality, this shows extremely poor judgement, and it’s no wonder both young women and young men make terrible errors.
Given this ethical culture, all the system can do is mete out after-the-fact punishment to young men. But the unfairness of these processes only compounds the aggregate injustice.
Savannah Bao, the Cornell adjudicator, was driving for at least 45 minutes, according to Kretzschmar’s appeal of the panel’s decision. This, he charges, was during a crucial portion of the Zoom hearing, in which another of the accused Cornell men, Scott Norris, was offering testimony that Kretzschmar saw as exculpating him.
Yet her driving was far from the only procedural defect in the hearing. Earlier that day, Saland complained in another email to the Title IX coordinator that Bao’s “glasses clearly reflected a blue box with a white background on her screen as her head and eyes moved back and forth” — that is, she was surfing other windows, rather than focusing on the matter at hand. (Cornell didn’t reply to UnHerd’s request for comment; nor did Bao.)
An even more serious procedural defect was that Cornell struck Kretzschmar with a disciplinary conviction related to a charge he didn’t even know he was facing. The original charges against him, recall, were rape and sexual exploitation. These charges arose from Doe’s allegation that Kretzschmar had seen her naked and snorted ketamine off her body, both without her consent.
But Kretzschmar insisted, and the hearing panel implicitly agreed, that he hadn’t taken either step: Doe was fully covered with sheets when Kretzschmar entered the alumni room. And the hair follicle test indicated that Kretzschmar hadn’t taken any ketamine, whether snorted from a woman’s body or otherwise. Thus, he was exonerated of both rape and sexual exploitation.
But Cornell wasn’t done. In the end, as noted, the school convicted Kretzschmar of attempted sexual exploitation solely because he had visited the alumni room after seeing the Snapchat messages and because of his own message to the group (“the alumni shit is not a bit. . . .”). Kretzschmar, the panel contended, “understood that a female was likely nude and/or engaged in sexual activity in the alumni room . . . and entered the room on that basis, intending to observe the same.”
But Kretzschmar wasn’t, beforehand, apprised of the attempted charge, which is its own separate offence category in the university’s policies. Therefore, neither he nor his counsel could have prepared for or attempted to refute it: “attempt”, after all, has elements other than exploitation proper. Under Cornell policies, the attempt charge involves conduct “tending toward completion of the prohibited conduct”. As Saland, his lawyer, argued in the administrative appeal of the panel’s determination, “had Cornell informed [Kretzschmar] that he was being charged with Attempted Sexual Exploitation, … he would have focused his defense, arguments, questions as to witnesses, and review of the investigative file towards” disproving attempt.
But Cornell denied him such notice, leaving him and his counsel helpless before what amounted to a legal switcheroo. This was, without a doubt, a grave violation of his right to due process and even of Cornell’s own rules — with which, courts in New York have repeatedly held, the university was obligated to comply.
This is not a failure of any one institution, but of all of them. The university kangaroo court trampled on procedure and possibly the truth to achieve an ideological vision of justice. The court of public opinion has done the same. The police and prosecutors held firm at first, but since a new criminal case has been opened, we don’t know what the future holds. Both the young woman and the young men were ill-served by a culture that told them that in some situations, their behaviour was desirable. Both have had their college experience and lives derailed.
The American university — and, indeed, US society writ large — desperately needs a new sexual ethic. It won’t do to punish only one side of the sexual equation, young men, especially not in procedurally deficient quasi-trials that bring shame to a rule-of-law society. The public is angry for reasons that no criminal process, no lawsuit, and no administrative hearing can fix.
The baleful influence of cultural pornogrofication is just as pronounced on this side of the Atlantic, as Ben Rumsby writes:
David Sullivan is suing the BBC for £150m over accusations of sexual misconduct made against him in a Panorama documentary. Telegraph Sport can reveal West Ham United’s co-owner is on the brink of lodging a High Court claim for libel and aggravated damages almost three months after the airing of Predator: The Billionaire Football Boss.
Sullivan revealed two days before the programme that he would be “suing the BBC for libel” in a statement in which he also announced his resignation as co-chairman and director of West Ham. The 77-year-old, who made his fortune in the porn industry, continues to own 38.8 per cent of the club shareholding. The BBC was already facing a $10bn (£7.56bn) lawsuit from Donald Trump over a 2024 episode of Panorama that edited together two different sections of a speech he gave before the 2021 Capitol riots. The corporation has previously apologised for the edit but denied it was grounds for defamation.
In the June 8 programme about Sullivan, seven women – six of them anonymous – accused him of abuses of power against vulnerable people in a “casting couch” style situation. Panorama had been working with The Times newspaper for two years before broadcasting. It reported on allegations made by former models who were in their late teens or early 20s seeking work at Sullivan’s Daily Sport and Sunday Sport newspapers. According to its reporting, Sullivan pressured women into having sex or oral sex by promising it would help their careers. Prior to the programme, Sullivan issued a statement calling the accusations against him “entirely false” and the reporting of them “sensationalised”.
“I have not been provided with any proper explanation as to how these individuals or their claims were independently verified or assessed for credibility prior to publication,” he said. “I believe that the entire process has been fundamentally unfair and completely lacking in any due impartiality.” He added: “I am stepping down to apply my full energy and attention on fighting these false allegations. I have officially engaged my legal team and we are preparing to issue legal proceedings in respect of each and every false complaint that has been made against me. I will be seeking full redress, legally and publicly, on every single front.”
After the documentary aired, Telegraph Sport reported that police investigations going back 18 years into sexual misconduct claims against Sullivan had been dropped without charge. Separate claims raised with detectives in 2008, 2021 and 2023 failed to yield any prosecutions after investigations primarily involving Essex Police. Telegraph Sport previously disclosed how the Football Association had taken safeguarding action against Sullivan three years earlier, preventing him having contact with West Ham’s women’s and youth teams. Sullivan denied the measure amounted to a “disciplinary ban” and described it as a “temporary agreement” pending the resolution of an “anonymous complaint regarding an event in 1981”. “The complaint had nothing to do about my time in football and it never happened,” he added.
Also named in the Panorama programme was Tony Livesey, who left the BBC last month. Livesey, who was editor-in-chief of the Daily Sport and Sunday Sport and subsequently had a 16-year career at Radio 5 Live, temporarily stepped down in June. The 62-year-old did so after Panorama said he had set up a meeting between a glamour model and Sullivan in the 1990s. Livesey said he had “no recollection” of introducing the young woman to Sullivan, who also denied any wrongdoing. The programme additionally claimed that Livesey had come up with the idea of “Countdown to 16”, a Sport feature chronicling how long before a teenage model turned 16, the age at which they could legally be pictured topless for the first time.
Last month, Sullivan ignored pleas to stay away from the London Stadium when he took his seat in the stands for West Ham’s Carabao Cup first-round win over Portsmouth. Venue operators and the West Ham Fan Advisory Board had both asked Sullivan not to attend amid fears over supporter unrest.
Sullivan and the BBC have been approached for comment.