The defense attorneys for the fraternity argue that the lawsuit filed by a woman, referred to as Jane Doe, should be dismissed. Jane Doe alleges that she was sexually assaulted while intoxicated by a sober member of the Mu Theta chapter fraternity during a party near USC in 2020, resulting in the loss of her virginity. The lawsuit names several defendants, including Sigma Alpha Mu Fraternity, Mu Theta Chapter at USC, and the alleged assailant, Peter Hwang.
In their court papers filed with Judge Elaine Lu, the fraternity’s attorneys claim that Doe’s damages are speculative and therefore unrecoverable, asserting that any emotional distress symptoms she experienced were the result of pre-existing psychological disorders or other causes. The attorneys argue that the complaint should be dismissed and judgment entered in favor of the defense.
The original lawsuit was filed in December 2021, with the latest amended complaint brought on May 4. The amended complaint includes allegations of negligence, premises liability, negligent hiring, supervision and retention, negligent security, assault, battery, and intentional and negligent infliction of emotional distress. Jane Doe is seeking at least $5 million in damages.
The Mu Theta Chapter’s principal place of business is located on West 28th Street, according to the lawsuit.
According to the suit, Jane Doe, who is 5 feet, 3 inches tall and weighs 135 pounds, and a girlfriend were both intoxicated when they arrived at the Mu Theta party on January 25, 2020. The suit further explains that Jane Doe was a virgin for religious reasons and had committed to waiting until marriage to have sex, despite previously being in long-term relationships. The suit claims that Jane Doe continued to consume alcohol at the party and became too drunk to give consent.
The suit alleges that Peter Hwang, a member of the Mu Theta Chapter, had never met Jane Doe before the incident. It is claimed that Hwang used a martial arts move to subdue Jane Doe, forcibly took her to a gymnasium, pushed her face onto the floor mat, and sexually assaulted her. According to the suit, Jane Doe suffered physical injuries, including a swollen black eye, hand and fingerprint marks on her shoulders and arms, as well as abrasions and scratch marks. She also developed a urinary tract infection. Eventually, Jane Doe managed to leave the gym but experienced vomiting throughout the night.
The suit further alleges that members of the Mu Theta Chapter fraternity contacted Jane Doe while a police investigation was underway, in an attempt to dissuade her from pursuing charges. Additionally, several USC students discouraged Jane Doe from seeking criminal charges, citing the fraternity’s enjoyable parties and the potential consequences for the fraternity if charges were pressed.
According to the suit, USC’s Title IX investigator determined that Hwang had violated the university’s sexual violence and sexual assault harassment policy, as well as the student code of conduct. As a result, Hwang was dismissed from USC in July 2020.
The suit states that Jane Doe suffers from difficulty sleeping, nightmares related to the assault, as well as teasing and bullying. She receives counseling to cope with the trauma and has lost interest in her studies, potentially leading to her transferring to another school.
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