Warning: This story contains distressing details and discussion of sexual assault.
When Mary was a first-year college student, she woke up after a fraternity party with bruises and bite marks all over her body. She says it took her a few days to piece together that she had been sexually assaulted while “blacked out”, and to find the strength – and the right avenue – to report the assault.
The man she accused was eventually expelled, but police declined to bring charges because they said there was a lack of physical evidence.
Mary – whose name has been changed to protect her identity – says the process of finding some measure of justice was oftentimes confusing and disappointing.
“Even though it was a positive outcome, it was still so emotionally exhausting and draining, because I had to do all of this in tandem with getting used to being a college student for the first time,” said Mary. “In many ways, I had to be my own advocate, gathering all my evidence.”
The experience with local police, she added, “left me with a deep sense of disappointment in the system”.
How both universities and the criminal justice system respond to these types of assaults on college campuses is once again under the spotlight, after a former student at Cornell University filed a civil lawsuit alleging she was raped by several members of a fraternity two years ago, with prosecutors declining at the time to pursue a case.
Mary did not attend Cornell, and her case is not connected with the university. But advocates for survivors of sexual assault say her case, and the Cornell allegations, are emblematic of the larger challenges in responding to sexual assault claims on college campuses specifically.
The confusing web of systems and policies – which varies greatly by college – is one of several reasons why the vast majority of sexual assaults on college campuses, research suggests, go unreported.
“These processes are hard to navigate if you aren’t in trauma,” said Nancy Chi Cantalupo, an associate professor of law at Wayne State University who has represented victims on college campuses. “If you are in trauma, they’re virtually impossible to navigate.”
Earlier this month, the former Cornell student known only as Jane Doe filed a lawsuit against the Ivy League university, alleging she was drugged and raped by several men at a fraternity house at the university in 2024.
She also alleged that Cornell failed to protect her or adequately punish the men involved. Jane Doe said she had reported the alleged assault to campus police, who interviewed her, and provided information to the district attorney’s office. The prosecutor declined to bring charges at the time, but this week, Tompkins County District Attorney Matthew Van Houten re-opened the case.
Both Cornell and Van Houten have defended their handling of the 2024 case. In a statement, the university said it had “conducted an extensive investigation and adjudication over several months and imposed different sanctions based on the findings and circumstances involving each student” in addition to creating a new framework for addressing sexual assault on campus.
Cornell has said it followed the procedures outlined in a federal civil rights law called Title IX. The law mandates that universities follow certain rules about investigating sexual assaults. Cornell said its investigation resulted in the fraternity involved being barred from campus, and that students involved were suspended or expelled.
See what the local and national media are saying about Michael Diamondstein and his cases.
Baltimore Ravens running back Ray Rice will be allowed to enter a program to avoid prosecution in an alleged assault of his now-wife. Upon successful completion of the program — which will be a minimum of one year — the third-degree charge of aggravated assault causing serious bodily injury would be dismissed. The arrest would remain on his record, but with no conviction.We were concerned that Mr. Rice would be treated more harshly because of his celebrity status. We are thankful that he was not. We are thankful that he was given the same treatment as anyone else in a similar situation.
- Michael J. Diamondstein
John Gallagher, founder of Gallagher Law in Philadelphia, has been indicted in federal court alongside other executives associated with aerospace startup Theia Group Inc. The indictment alleges involvement in a scheme where Theia falsely claimed plans to launch over 100 satellites for global surveillance, raising more than $250 million through fraudulent means. Gallagher, who served on Theia's board and as an executive vice president, is specifically accused of aiding founder Erlend Olson in financial misconduct and tax evasion activities. Gallagher, who specializes in space and satellite technology law, denies wrongdoing and intends to vigorously defend against these charges.“He [Gallagher] is a patriot, and we intend to vigorously defend his good name.”
- Michael Diamondstein
William McCandless, 57, of Wilmington, Delaware, was charged in 2020 with possessing child pornography for importation into the U.S.; transporting child pornography in interstate and foreign commerce; and attempted access with intent to view child pornography. Authorities said the images included children being tortured. McCandless pleaded guilty to the attempted access charge, and the others were dropped in a May 27 hearing in U.S. District Court for the Eastern District of Pennsylvania. He faced up to 60 years in prison had he been convicted of all the original charges. McCandless was assigned to one of the few English-speaking parishes in Monaco and had a close relationship with Princess Charlene, wife of Prince Albert II. He presided over the baptism of their twins in 2014.[Rev.] McCandless has accepted responsibility for the inappropriate search terms and links found on his cell phone in Pennsylvania. He is contrite and is hopeful that one day he will earn the community’s forgiveness for his transgressions.
- Michael Diamondstein
DT had spent three years in jail and was facing lifetimes more for multiple counts of child rape in Pennsylvania and Maryland. But Michael Diamondstein’s thorough investigation and strategic cross-examination forced prosecutors to withdraw their case mid-jury trial.“Michael Diamondstein is the best lawyer on Earth. He saved my life.”
- DT
Mark Young had been serving a life sentence for what prosecutors say was his role as a coconspirator in a 1974 bar robbery that ended in the shooting death of a patron. The 67-year-old Young, who maintained his innocence for almost 50 years, is now slated to be released from prison after a negotiated guilty plea. The judge vacated Young’s previous conviction and sentence.“The district attorney recognized the inequities in the case and we are thankful for the compassion and justice they decided was appropriate.”
- Michael Diamondstein
Willie Stokes's release comes after the U.S. District Court for the Eastern District of Pennsylvania vacated his murder conviction, concluding that the state violated Stokes's constitutional rights by "withholding" crucial evidence about the false testimony of a key witness in the case, according to court documents.He took his first free breaths this afternoon after almost 40 years, and he is very happy and humbled.
- Michael J. Diamondstein
Despite that fact that multiple videos showed local rap singer, Monte Small Atwell aka Benjy killing the decedent, a Philadelphia jury found Mr. Atwell Not Guilty of Murder. The video clearly showed that the unarmed decedent was chasing Mr. Atwell. Mr. Atwell’s attorney, Michael Diamondstein litigated a very effective self-defense case. After a number of withering cross examinations and a closing wherein Mr. Diamondstein exhorted the jurors that his client “would rather be judged by 12 than carried by 6” the jury agreed that Mr. Atwell’s actions were justified.Mr. Diamondstein saved my life. He is the best there is.
- Monte Small Atwell aka Benjy
Six members of an elite Philadelphia narcotics squad were acquitted of federal corruption charges – a verdict the men described as “vindication” after nearly a decade of federal scrutiny surrounding their conduct. A jury of six men and six women took 5 1/2 days to reject prosecutors’ arguments that former Officers Thomas Liciardello, Brian Reynolds, Michael Spicer, Perry Betts, Linwood Norman, and John Speiser routinely beat and robbed drug suspects during their time as members of the Narcotics Field Unit.The things that were said about these honorable men and police officers over the last eight to 10 months were ridiculous. A lot of people in this city owe these heroes an apology.
- Michael J. Diamondstein
Philadelphia District Attorney Seth Williams pleaded not guilty to 23 counts of fraud, extortion, and bribery-related charges. But the problems of the city’s cash-strapped top prosecutor continued to mount outside the courtroom, a day after federal authorities accused him of repeatedly selling his influence to wealthy benefactors willing to bankroll his luxury tastes.This indictment is 24 hours old and yet too many politicians and commentators have already tried and convicted Seth Williams in the media. Simply because the government makes explosive allegations in a complaint doesn’t mean they’re going to prove it in a court of law.
- Michael J. Diamondstein
It's 8:00 on a September morning but Michael Diamonstein has already been in his office for hours. A criminal defense lawyer, Diamondstein likes to be prepared before he goes to court. That preparation paid off to get an innocent man cleared of all charges.The man gave me my life back.
- Yusef Bey
With evidence missing and the investigation tainted by the involvement of a detective who pleaded guilty to impeding justice, the District Attorney’s Office has withdrawn murder charges against a 28-year-old man, Dante Hill, in a 2011 shooting outside a North Philadelphia sports bar.Tremendous day, not only for Mr. Hill but for the entire Philadelphia justice system.
- Michael J. Diamondstein
Michael Diamondstein argued the original jail sentence is illegal because the previous judge assigned the case failed to address if Risoldi was eligible for re-entry, which would allow her to be released from jail early.Diamondstein added that Berks County Senior Judge Stephen Lieberman, who is now overseeing the case, has authority to reconsider the sentence made by the previous judge, who retired last year.
