Woman sues Ocean City club in connection with '08 rape
A Pennsylvania woman who was beaten and raped in the parking lot of the popular Ocean City club Seacrets in 2008 has filed a federal lawsuit alleging the club's security staff left her vulnerable to the attack.
The woman, who was 25 at the time, is seeking at least $1 million, according to court records.
The attack occurred in the early hours of May 24, 2008, when the woman went outside the megaclub to make a phone call and left her purse inside with her friends. After trying to get back inside, club staff told her she was being ejected for being too intoxicated and would not let her find her friends to get her purse, which contained her hotel room key, according to the court filings.
She was unable to reach her friends or get into the hotel, and returned to the club parking lot at 2:15 a.m. There, in an area obstructed from security staff because of a large boat and SUV that blocked their view, the woman was attacked by a man who dragged her behind a building on the premises and raped her, records show.
The lawsuit alleges that Seacrets staff were negligent in preventing her from re-entering the club, "failing to exercise reasonable care ... [by not] giving her the opportunity to retrieve her belongings or inform her friends in the club that she was being ejected."
"It was reasonably forseeable that Plaintiff, an alcohol-impaired 25-year-old woman, early on a Saturday morning on Memorial Day weekend, with no money, hotel room key, identification, or access to her friends, was at greatly increased risk of victimization of crime, including assault and rape," the lawsuit charges.
Reached by phone, the club's president did not immediately have a comment on the lawsuit.
The woman, who filed the lawsuit as a Jane Doe to protect her identity, said in the lawsuit that she has suffered "both short and long term effects from the trauma, including medical costs, lost wages as a result of the immediate recovery period, and the immense pain and suffering from the psychological impact of the beating and rape."
According to media reports and court records, police two years later matched DNA from the crime scene to a man who had been arrested in Florida. Lorenzo Ivan Garcia-Moreno, 25, has not been served with the first-degree rape warrant, according to court records.








Comments
If this happened as she says I hope she gets every penny. I am sick of "security" at clubs or whatever not exercising common sense and just operating strictly on a power trip. My only 2 questions are why did she wait 3 years to sue and if she had her phone couldn't she have texted or called her friends on the inside?
Posted by: gmc | May 31, 2011 2:23 PM
This is what you get when you have a “zero tolerance,” policy. Too often people, such as the bouncers, are too afraid to give just an inch and allow such a simple request. At the same time, who really gets thrown out of those places? Did she get thrown out for fighting? Throwing up? Acting indecent? If everyone who was drunk got asked to leave a nightclub they’d be 80% empty by last call, and rarely is that the case. What else did she do to be forced to leave? Of course if she had done something stupid inside and gotten into a fight someone else would be suing the club for allowing a clearly intoxicated women who had been ejected, back into the club. Then the club would have to deal with the liquor board as well. Can anyone see what is wrong with this picture?
This is what it has come to, there really is no safe way to win, and this is the worst, of several bad endings.
Posted by: Ted | May 31, 2011 3:18 PM
The reason she waited almost exactly 3 years is because that is the statute of limitations to sue for negligence in a case like that. She is hoping that it having been so long, most of the people that work there will be gone, and/or their memories so fuzzy that none of the them can credibly testify. Honestly, it seems like a case of someone wanting to get paid. She says she was intoxicated - so how can she claim she was in the right state of mind? Sounds like a little sexual remorse along with someone telling her she can get big bucks out of this. If people are so naive as to think everyone that cries rape is actually raped, that's simply sad.
Posted by: Frank from Parkville | May 31, 2011 3:29 PM
In response to the post by Ted:
She wasn't thrown out of the club. According to the article she left the club to make a phone call and was denied reentry to get her purse when the bouncers deemed her too drunk.
Posted by: Jay Berg | May 31, 2011 4:00 PM
Many women don't report or wait to report sexual assaults because they hope it will help their traumatic feelings go away more quickly. Also, many don't feel like going through the judgment of others -- few things are worse than being raped and having people judge or not believe you. However, some later realize that these feelings are not going anywhere, and perhaps they would feel better if addressing them directly by reporting. That way, at least they can bring the perpetrator to justice and try to prevent at least one other woman from being victimized.
Posted by: labelsbegone | May 31, 2011 4:20 PM
It probably took this long for her law suite because the wheels of Government turn slowly.
Her lawyers also had to gather the facts and information to be included in the filing.
Then the petition goes through the clerks office and finally gets to the judges to be placed on their docket. And, with all the lawsuits filed everyday who knows how long it will take to get to court.
Posted by: The Watcher | May 31, 2011 5:04 PM
Wow, Frank that sounds extreme. I'd point out that her allegation of rape appears to have been confirmed by the fact that the DNA from the attack matched a guy who's in jail now on in Florida. I don't think this is an issue of someone just "crying rape". As for the delay in bringing suit, while I'm usually suspicious of that kind of timing, here the investigation took a while to progress and then once they had ID'd a suspect the State seems to have sat on the case for a while since they located him about a year ago. Prosecutors don't like for victims to file civil cases while criminal cases are pending--they like it if you let them proceed first. She appears to have done that and filed suit when she had to because of limitations issues.
Posted by: BaltimoreGeof | May 31, 2011 6:01 PM
As a former bouncer in DC, I can speak to this sort of thing.
After reading the story, it sounds like the woman was denied re-entry because she didn't have her ID with her (left inside in her bag). It's quite possible that she made a scene at the door, at which point the bouncers decided to send her away. It's also reasonable to think that she tried to call her friends, but they couldn't hear their phones, nor did they check.
Couple of things here. The woman should have taken her ID with her, or she should have checked in with the bouncers on the way out - as in, "I'm going to make a phone call, and I'll be right back." The bouncers should have asked if she was coming back in, and warned her to take her ID with her. The friends should have checked on her, once they saw she didn't come back (not very good friends, apparently).
I'm not defending the bouncers - they simply stuck too hard and fast to the rules and left this woman in the lurch. However (and it pains me to say this), the club shouldn't be held liable in this case. The law requires proof of age for all people entering an establishment that serves alcohol, and at the time, this woman had left her proof of age inside. (I've seen a fair share of inspectors use this ruse to try to get in; if it works, it's a hefty fine, if not the liquor license pulled altogether.)
I feel horrible for the woman - nobody deserves to be raped - but the club wasn't negligent. Quite the opposite, really. The club can only ensure the safety of the people inside - keeping out someone who doesn't have ID, who may have been acting belligerent, is one way to do that.
Posted by: Chris | June 1, 2011 10:06 AM