Teen sues North Texas nightclub over alleged sexual assault
DALLAS – A North Texas teenager is suing a downtown Dallas nightclub and its owner, alleging their negligence led to her sexual assault in a bathroom.
Charla Aldous of Aldous \ Walker LLP said the incident at Club VIVO changed her client's life forever.
"To say that the rape changed the trajectory of my client's life is an understatement," she said. "She was a full scholarship athlete at a very good university. She has dropped out of school."
On Dec. 3 of last year, the 18-year-old local college student visited the downtown Dallas nightclub with two friends.
"What surprised me is the club will allow 18-year-old women in where they serve lots of alcohol, but men have to be 21 years old," Aldous said.
Aldous said staff marked an X on the teen's hands, indicating she was underage, but she was still served alcohol.
"So she became intoxicated," Aldous said. "One of the patrons grabbed her, drug her up the stairs and violently… and I mean violently… it would make you sick to your stomach, raped her."
Aldous said the teen texted her friend who alerted security, but claims they didn't do anything. The friend called 911 and an ambulance took the teen to the hospital.
"What happened to her was so horrible and Club VIVO absolutely set it up so it would happen," Aldous said.
Dallas police told CBS News Texas their preliminary investigation determined an unknown male suspect sexually assaulted a victim at the club. Their investigation is ongoing.
"TABC was notified by Dallas PD about their ongoing investigation," Texas Alcoholic Beverage Commission spokesperson Chris Porter said.
He said the club should have reported the alleged incident to the agency within 24 hours but they never did, so they were given a warning. As the regulatory agency that oversees alcohol retail, TABC also conducted its own investigation.
"What TABC looked for was any kind of evidence that the club knowingly allowed or encouraged anything like that to happen on the premises and in our investigation did not find any evidence to that being the case," Porter said.
The investigation can be reopened if additional information or evidence is found through the criminal investigation or civil suit.
The teenager is suing the nightclub and its owner, hoping for accountability.
"It's just horrible and I want them to clean up their act," Aldous said.
CBS News Texas has reached out to the club and its owner for comment but has not received a response. This story will be updated as more information becomes available.