Mother files suit against daughter's attacker

Steve Gonzalez Jul. 12, 2005, 6:05am

The mother of a 13-year-old-girl who was allegedly raped while spending the night at a friend’s house filed suit on behalf of her daughter in St. Clair County Circuit Court July 5.

According to the complaint, the victim was spending the night at her friend’s home in Trenton, when defendants Mark Heagen and Robbie Holtz returned home from a stock car race.

Heagen allegedly allowed his 16-year-old step-son, Holtz, to drink alcohol at the races.

“As a result of the alcohol intake, Holtz’s judgment was impaired and his capacity to differentiate from right and wrong was diminished, causing him to sexually assault the victim when he engaged in nonconsensual intercourse with her,” the complaint states.

The mother alleges her daughter suffers from mental injury, pain and suffering, loss of reputation and embarrassment.

The victim and her mother are seeking compensatory damages, punitive damages, costs of the suit, attorney fees, and other relief the court may deem proper in an amount to be proven at trial, but in excess of $50,000.

05 L 396 (20th Circuit)

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