Former University of Pennsylvania graduate Reginald Stewart is suing the university's Phi Kappa Psi chapter along with fellow student Charles Gibson over claims that Gibson raped him during a rush party in January 2013.
Stewart decided to pledge to the fraternity and attended a party for new recruits at the fraternity's Spruce Street house on 12 January 2013, according to Philly Mag.
According to the lawsuit, the fraternity served Stewart, who was 19 at the time, and Gibson alcohol until he was "severely intoxicated" and did not stop until he was "passing in and out of consciousness."
The former student alleges that Gibson and another fraternity member took him to his dorm that was near the fraternity's house. It was in his dorm, that Stewart claims he woke up to find Gibson sexually assaulting him. In his suit, Stewart says he was unable to fight off his attacker because he was still intoxicated.
Stewart claims he suffered severe injuries that required surgeries and led to permanent scarring due to the alleged attack. The 21-year-old also claims Gibson gave him the sexually transmitted disease HPV.
Gibson, however, denies the claims. "I really can't say anything about it," Gibson told Philly Mag. However, in his response to the lawsuit in court, Gibson said he did have sex with Stewart that night but that it was consensual. He also denied giving Stewart HPV.
The alleged attacker did, however, corroborate Stewart's claim that the fraternity served them alcohol at the party even though they were both underaged. He called Stewart's lawsuit "frivolous".
The personal injury lawsuit accuses Gibson of assault and battery and the fraternity of serving excessive amounts of alcohol to Stewart. The Florida native is seeking $450,000 (£290,041) in damages.
Stewart's suit was first filed in Philadelphia Common Pleas Court but was later transferred to Philadelphia's federal court. Stewart graduated in 2015 while Gibson graduated in 2014.
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