A lawsuit has been filed against a USF fraternity after police arrested a member for sexually assaulting a 16-year-old at a party. That victim's parents are asking for more than $5 million in damages.
Right now, 19-year-old Dillon LaGamma is awaiting trial, after police arrested him for sexually assaulted a 16-year-old girl at a fraternity party. That girl's parents are suing the Pi Kappa Phi fraternity.
“You don’t want to place blame on the victim for what occurred here however I think there is a certain amount of blame that has to fall on her 21 year old sister who took her to the fraternity party and allowed her to drink,” legal analyst Jeffrey Swartz said.
The lawsuit said the 16-year-old girl went to the party with her two sisters, one of whom was over 21. It alleges a Pi Kappa Phi member put an "over 21" wristband on the 16-year-old, even though she was underage. Swartz said the defense will zero in on the girl's sister.
“She was in charge of her 16-year-old sister so she was under adult supervision and her sister knew that she was going in there to drink,” he said.
Swartz also said the statute about open parties used in this lawsuit could be tough to apply to the national fraternity and local chapter.
“The statute applies to people not organizations so the use of that to try to bring in two organizations is not going to work,” Swartz said.
The suit is accusing the fraternity of negligence.
"Part of what they have to prove is that the national organization knew that they were engaging in this type of conduct or knew that there was endangerment to underage people and or women who came into that house,” Swartz said.
ABC Action News is waiting for a response from the fraternity. Separately, LaGamma is set to be in court at the end of August.