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Newsletter > January 2024 > "New Lawsuit Stems from Alleged Rape in 1991 "
New Lawsuit Stems from Alleged Rape in 1991
Micah E. Kamrass, Fraternal Law Partners, mkamrass@manleyburke.com
Statutes of limitation typically prohibit lawsuits from alleged incidents that occurred thirty-three (33) years ago. However, in late 2022, the State of New York enacted the New York Adult Survivors Act, which allowed for a one-year window for Plaintiffs to raise sexual assault and rape claims, regardless of if the statute of limitation had previously lapsed. It was because of this law that E. Jean Carroll was able to bring suit against Former President, Donald Trump, which has made national headlines of late.
Just prior to the expiration of this one-year window, a former Syracuse University student filed a lawsuit against Syracuse University, Sigma Chi Fraternity, and its local chapter at Syracuse University, Delta Delta Delta, and individual chapter officers (none of whom were even born at the time of the alleged incident).[1]
The Plaintiff alleges that the Defendants are responsible for a September 1991 evening where the Plaintiff claims she was raped by a member of Sigma Chi at the Sigma Chi house during a celebration of the new Delta Delta Delta pledges. The Complaint includes allegations of 190-proof alcohol, drinks spiked with ecstasy, rape, and conspiracy.
While this lawsuit is in the earliest of stages, it will likely be challenging for all parties to identify and produce reliable evidence that is more than three decades old. The burden of proof will be on the Plaintiff to demonstrate that the available evidence supports her claim. We will continue to monitor this case and update Fraternal Law readers when the case progresses.
[1] Complaint, Doe v. Sigma Chi Int’l Fraternity, No. 5:2023-CV-01452 (N.D. N.Y. Nov. 17, 2023).
By: Micah E. Kamrass