一名纽约州法官周五驳回了一项请求，该请求旨在对一名前康奈尔大学学生提起的民事案件实施禁言令。该学生称她于2024年在一个兄弟会住所遭到性侵犯。法官称该请求是一场“旁观秀”，其目的在于“混淆视听，转移人们对本案主张和抗辩实质的注意”。
The judge called the request a "side show" that’s "meant to muddy the waters." By Peter Charalambous A New York judge on Friday rejected a request to impose a gag order in the civil case brought by a former Cornell University student who alleged she was sexually assaulted at a fraternity house in 2024, calling the request a "side show" that's "meant to muddy the waters and distract from the merits of the claims and defenses involved in this case."
法官费德拉·佩里-邦德表示，简·多伊（Jane Doe）律师的公开言论——即民事诉讼中被点名的男子之一曾以此为依据来证明该请求的合理性——仅仅表达了[他]的观点。
Judge Phaedra Perry-Bond said the public statements made by Jane Doe's attorney that one of the men named in the civil lawsuit used to justify the request "express nothing more than [his] opinions."
“仅凭对案件发表意见或报道诉讼如何影响当事人，本身不足以成为限制个人第一修正案权利的事实依据，”佩里-邦德法官写道。“虽然法院同意[他]不应发表某些当事人毁坏证据的言论，尤其是在此情况下，尚未进行任何证据开示，但这些孤立的言论，若没有其他证据支持，不足以证明存在先例和美国宪法所要求的严重偏见风险。”法官鼓励案件中的律师共同努力，防止当事人面临威胁、骚扰和人肉搜索。
"Expressing opinions on the case or reporting on how the litigation has impacted clients cannot alone serve as a factual basis for limiting an individual's First Amendment rights," Judge Perry-Bond wrote. "While the Court agrees that [he] should not make statements that certain parties spoliated evidence, especially where, as here, no discovery has yet to take place, those isolated statements, without more, are insufficient to show the serious risk of prejudice required by precedent and the United States Constitution." The judge encouraged the attorneys in the case to work together to prevent their clients from facing threats, harassment, and doxing.
“法院认为，鉴于本案相关人肉搜索的恶名昭著，各方合作以尽可能保护当事人及他人免受恶意外部行为者的威胁或骚扰泛滥，符合各方的利益，”她写道。
"The Court believes that given the notoriety of doxing related to this case, it would serve all parties' interests to work together to ensure their clients and others may be safeguarded, to the extent possible, from being inundated with threats or harassment from malicious outside actors," she wrote.
佩里-邦德还斥责申请禁言令的律师，因其在法庭文件中夹带了与另一名男子律师的电子邮件往来。
Perry-Bond also rebuked the lawyer who requested the gag order for including in a court filing an email exchange with an attorney for one of the other men.
“法院不会容忍其案卷被用于制造媒体争议，且本院不容忍律师——尤其是未参与本案的律师——进行泼脏水行为，”她写道。
"The Court will not tolerate its docket being used to generate media controversy, and this Court does not tolerate attorneys, especially attorneys who are not even involved in this case, engaging in mudslinging," she wrote.
申请禁言令的律师曾要求实施“精准限制”，防止民事案件中的律师和当事人在法庭外就指控发表评论，并在动议中辩称，禁言令将限制“可能的陪审团偏见”，并防止可能导致“威胁、人肉搜索、恐吓和庭外接触”的敏感信息被泄露。
The attorneys requesting the gag order had asked for "narrowly tailored restrictions" that would prevent lawyers and parties in the civil case from commenting on the allegations outside of court, arguing in their motion that a gag order would limit "possible juror prejudice" and prevent the potential release of sensitive information that could lead to " threats, doxing, intimidation, and extrajudicial contact."
在回应该动议的声明中，简·多伊的律师托马斯·朱夫拉辩称，其中一名男子的律师“试图通过大量泄露机密文件、接受采访质疑多伊女士的说法并称她的诉讼不道德，来反驳本案的指控。这些试图转移叙事的尝试并未成功。”一名当时仅以简·多伊身份识别的本科生于2024年11月向校园警方报案，称她在三周前的所谓事件中，在奇·菲兄弟会宿舍遭到一群男子性侵。她对七名男子和大学提起民事诉讼，称自己被下药并遭到强奸。这些男子否认所有指控。
In a statement responding to the motion response, an attorney for Jane Doe, Thomas Giuffra, argued that the attorney for one of the men "has tried to rebut the claims in this case by engaging in a wholesale leaking of confidential documents, giving interviews calling Ms. Doe's story into question and calling her lawsuit immoral. These attempts to shift the narrative have not been successful." A then-undergraduate student identified only as Jane Doe made a complaint to campus police in November 2024, three weeks after the alleged incident occurred, that she had been sexually assaulted by a group of men at the Chi Phi fraternity house. She filed a civil suit against seven men and the university alleging that she had been drugged and raped. The men denied all of the allegations.
大学表示，它对性暴力指控“极其重视”，并称“按照大学政策调查和裁决了这些指控”。学校称，它进行了一次“彻底”的第九条调查，并“发布了一系列制裁措施，包括开除和停学”。
The university has said it takes allegations of allegations of sexual violence "extremely seriously" and that it "investigated and adjudicated the allegations consistent with university policies." The school said it conducted a "thorough" Title IX investigation and "issued a range of sanctions, which included expulsions and suspensions from Cornell.
本周，康奈尔大学校长迈克尔·科特利科夫宣布，在大学考虑兄弟会生活是否能在常春藤联盟学校继续存在之前，兄弟会宿舍的所有聚会和社交活动将在本年度剩余时间内暂停。
This week, Cornell University President Michael Kotlikoff announced that all parties and social events at fraternity houses are suspended for the rest of year while the university considers whether fraternity life can continue at the Ivy League school.
“我们校园里的女性显然仍在质疑她们是否安全。我们必须正视我们的不足，采取有意义的行动来应对这一时刻，” 科特利科夫周二表示。目前尚未提起刑事指控，但纽约州总检察长的调查仍在进行中。
"It is clear that women on our campus continue to question whether they are safe. We must meet this moment by acknowledging where we have fallen short and taking meaningful action," Kotlikoff said Tuesday. No criminal charges have been filed, but an investigation by the New York attorney general is ongoing.
此案在大学引发巨震，并引发了全国各高校性侵指控处理方式的讨论。
The case has rocked the university and started conversations about treatment of sexual assault allegations on college campuses across the country.