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Cornell rape case defendant had consensual sex with accuser, lawyer tells Megyn Kelly

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Zilber, A. (2026, October 1). Cornell rape case defendant had consensual sex with accuser, lawyer tells Megyn Kelly. New York Post. https://nypost.com/2026/10/01/us-news/cornell-rape-case-defendant-had-consensual-sex-with-accuser-lawyer-tells-megyn-kelly/

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New York Post · collected 2026-10-01 · by Ariel Zilber
Content note This article describes sexual violence.

Quick Summary

Tara Davis, the lawyer for Gillio Lopes who is accused in a Cornell University rape lawsuit, told Megyn Kelly on her podcast that her client had consensual sex with Jane Doe but denies sexually assaulting her. Davis stated that Lopes did not use drugs during the incident and Doe was not incapacitated when they had sex. She also revealed that Lopes received a suspension and educational sanctions from Cornell’s disciplinary process.
Written by AI on 2026-10-01, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

In a recent development at Cornell University, Gillio Lopes' attorney, Tara Davis, told Megyn Kelly in a podcast interview that her client had consensual sex with the woman identified as Jane Doe in a lawsuit accusing him of rape. The university's private disciplinary proceeding found Lopes guilty and suspended him along with imposing additional educational sanctions like an essay assignment.

Davis argued that while there was extensive evidence, including over 1,500 pages of records from nearly 50 witness interviews and 12-and-a-half days of hearings, the lawsuit mischaracterized the facts. The lawyer contended that Doe did not appear severely intoxicated during their encounter as some have claimed.

Meanwhile, Tompkins County District Attorney Matthew Van Houten has reopened a criminal review and is preparing to present evidence to a grand jury, indicating renewed scrutiny into the case despite Davis’s assertions that this doesn't prove guilt.

Written for “Cornell Rape Case Defense” on 2026-11-04, grounded in this article and the 0 other(s) covering the same event.

Story

📰 Cornell Rape Case Defense
Education · 1 article(s) covering the same event.

Compared with similar articles

This article reads unscored and hedges 11% of its claims. Each row says how that neighbour differs.
Washington Examiner
Hedges 4 of 27 claims Outlet record 69/100
“The articles describe different stages and perspectives of a broader case: Article A reports on the reopening of an investigation into alleged gang rape at Cornell University, while Article B discusses legal defense arguments about one defendant's involvement in the same incident.”
CBS News
Hedges 1 of 2 claims Outlet record 65/100
“The articles describe different aspects of the case: one focuses on Jane Doe's statement to police three weeks after the alleged incident, while the other discusses the defendant's lawyer claiming consensual sex during a media appearance.”
NBC News
Outlet record 78/100
“The articles discuss different aspects of the same case but do not describe the same specific incident.”
The Straits Times
Hedges 10 of 44 claims Outlet record 66/100
“Article A discusses the reopening of the investigation into a rape report from 2024 at Cornell University, while Article B focuses on legal arguments made by one of the defendants' lawyers regarding whether the encounter was consensual.”
CBS News
Hedges 2 of 3 claims Outlet record 65/100
“While both articles discuss a rape claim at Cornell University involving Jane Doe and Gillio Lopes, they describe different aspects of the case—one focusing on the district attorney's statement about not seeing the claim, and the other on the defense lawyer's argument for consensual sex.”
Times of India
Hedges 8 of 42 claims Outlet record 59/100
“The articles discuss different aspects of the Cornell University rape case: one focuses on a newly surfaced police transcript and questions about why charges were not filed, while the other reports on a defendant's lawyer claiming consensual sex in a podcast interview.”
NBC News
Hedges 9 of 70 claims Outlet record 78/100
“The articles describe different aspects of the same case: one provides details from the accuser's police statement while the other presents the defense lawyer's claims on a podcast.”
Washington Examiner
Hedges 6 of 41 claims Outlet record 69/100
“The articles discuss different aspects of the same case but do not describe the same specific incident.”
Daily Mail
Hedges 4 of 38 claims Outlet record 69/100
“The articles describe different aspects related to a sexual assault case at Cornell, but they do not focus on the same specific incident or time.”
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
27
sentences that state something as happening or true
Uncertain
11%
3 of 27 hedged ("reportedly", "may", "according to")
Leaning
not political
takes no side on a contested political question
Publisher signals
66/100
New York Post's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
1
Education
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-10-01 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

New York Post · 16741 article(s) · 36 correction(s) detected
Running correction rate · 36 correction(s)

Who wrote this

Ariel Zilber
80 article(s) here · 1 carrying a prediction
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Also by Ariel Zilber
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 80 articles by Ariel Zilber →

Topics

Chi Phi Cornell Cornell University

Subjects

Davis PERSON · 15× Lopes PERSON · 10× Doe PERSON · 6× Cornell ORG · 4× Kelly PERSON · 4× Chi Phi ORG · 1× Cornell University ORG · 1× Gillio Lopes PERSON · 1× Jane Doe PERSON · 1× Tara Davis PERSON · 1×

Narrative

But Tompkins County District Attorney Matthew Van Houten announced on Monday that his office was reopening its criminal review and preparing to present evidence to a grand jury after Davis said she believes the renewed scrutiny should not be confused with proof of what happened. “There’s a lot more that needs to be considered,” she told Kelly.
framing: assertive · carried by 1 article(s) · first seen 2026-10-01
🔮 Pressed later about claims that Doe would have appeared severely drunk or high to Lopes, Davis said: “That’s not how she was presenting, and the evidence will show that she was not presenting in a way that would have suggested that she was not aware of what was happening.”

Claims (27 extracted, 3 hedged)

A Cornell University student accused in a bombshell rape lawsuit admitted he had sex with the accuser — but claimed the encounter was consensual, his lawyer said Thursday. asserted
lawyer → accuse → accuser
Attorney Tara Davis, who represents Gillio Lopes, acknowledged on “The Megyn Kelly Show” podcast that her client had sex with the woman identified as Jane Doe in the lawsuit, but disputed that he sexually assaulted her. asserted
he → represent → her
“That’s just not factual,” Davis told Kelly after the host read portions of those allegations on air. asserted
host → ’ → air
“It’s not what was presented in the hearing through any of the testimony or the evidence,” Davis said, referring to Cornell’s private disciplinary proceeding. asserted
Davis → ’ → proceeding
“It’s just not factual, and it’s just mischaracterized.” asserted
it → ’ → ?
Davis said the university’s investigation produced an approximately 1,500-page record, involved roughly 50 witness interviews and culminated in 12-and-a-half days of hearings — far more material, she argued, than was reflected in Doe’s civil complaint. asserted
she → say → complaint
Lopes was ultimately suspended by Cornell and received additional “educational sanctions,” including an assignment that involved an essay, Davis said. asserted
Davis → suspend → essay
She pushed back on claims that essay-writing constituted the entirety of his punishment. uncertain
writing → push → punishment
“He received a suspension period in addition to some educational sanctions,” Davis said. asserted
Davis → receive → sanctions
“One of which included a component involving an essay.” asserted
One → include → essay
Cornell has publicly said its disciplinary process in the case resulted in expulsions and suspensions but has not disclosed the punishment imposed on each student by name. asserted
process → say → name
Davis declined to detail precisely which university policy violations Lopes was found responsible for, saying only that he “was found responsible for some violations of their policy.” She also disputed a key part of Doe’s account involving ketamine. asserted
She → decline → ketamine
The lawsuit alleges several of the fraternity members handled or consumed what Doe was told was ketamine during the night. asserted
Doe → allege → night
Lopes, however, did not use drugs that night, Davis told Kelly. asserted
Davis → use → Kelly
“That is not true,” Davis said when Kelly asked about the allegation that Lopes was among the men who snorted ketamine off of Doe’s body. asserted
who → say → body
Davis added that she believed Cornell’s hearing panel found that Lopes was not involved in ketamine use that night. asserted
Lopes → add → use
The lawyer also said Doe was not incapacitated when Lopes had sex with her. asserted
Lopes → say → her
“When my client was involved earlier in the evening, at the earlier end of these events, she was not incapacitated as far as we saw through all the testimony, her own testimony, if memory included, as well as the evidence,” Davis said. asserted
Davis → involve → testimony
Pressed later about claims that Doe would have appeared severely drunk or high to Lopes, Davis said: “That’s not how she was presenting, and the evidence will show that she was not presenting in a way that would have suggested that she was not aware of what was happening.” uncertain
what → press → way
Davis also said Lopes was not participating in a sickening Chi Phi Snapchat exchange — including one message that said there was “free p—y” upstairs — that has emerged as a focus of public outrage over the case. asserted
that → say → case
According to the lawyer, Lopes was not active in the group and first saw the messages when investigators showed them to him during a February 2025 interview. uncertain
investigators → accord → interview
He was not active in that group,” Davis said. asserted
Davis → say → group
Davis said the publicity surrounding the lawsuit has dramatically changed life for her client, who is back on campus after completing his suspension. asserted
who → say → suspension
“His name, his reputation, everything has been affected by this,” she said, adding that his family has also been targeted online and that Lopes has safety concerns. asserted
Lopes → affect → concerns
The seven men have not been criminally charged. asserted
men → charge → ?
But Tompkins County District Attorney Matthew Van Houten announced on Monday that his office was reopening its criminal review and preparing to present evidence to a grand jury after Davis said she believes the renewed scrutiny should not be confused with proof of what happened. “There’s a lot more that needs to be considered,” she told Kelly. asserted
she → announce → Kelly
“I would just, you know, encourage people to be perhaps a bit more open-minded and not immediately jump to conclusions about who did what and who’s guilty or not.” asserted
who → know → what
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