Reginald Stewart alleges he was raped by a classmate while he was a student at the University of Pennsylvania and he’s seeking justice for his ordeal.
On Jan. 13, 2013, Stewart claimed, he was raped by Charles Gibson after the men attended a rush party sponsored by Phi Kappa Psi, a Penn fraternity.
Stewart recently filed suit in Philadelphia Common Pleas Court against Gibson and the fraternity, seeking $450,000 in damages.
According to court papers, Stewart and Gibson were served a “large amount of alcohol” at the party, even though both men were underage and Stewart was passing in and out of consciousness.
After the party, the men returned to their dorm room, where Gibson allegedly raped Stewart.
Due to Stewart’s inebriated state, he couldn’t function normally and defend himself, according to court papers.
Stewart sustained tearing to his rectum and colon and acquired the human papilloma virus (HPV), resulting in pre-cancerous lesions on his colon that had to be removed surgically.
The surgical procedures left him scarred and disfigured, according to court papers.
The acts of the fraternity and Gibson were “outrageous, atrocious and completely intolerable in civilized society and went beyond all possible bounds of decency,” according to Stewart’s suit.
For his part, Gibson acknowledged that both men consumed alcohol at the party. But he said their subsequent sexual activities were consensual.
“[Stewart] consented to and was a willing participant in the sexual activities between the parties,” according to court papers filed by Gibson.
Both men have graduated from Penn and no longer reside in the area.
“My client has left the Philadelphia area and is trying to move forward with his life,” said Alan E. Denenberg, an attorney for Stewart.
He declined to say whether Stewart identifies as gay, but emphasized that he wasn’t Gibson’s boyfriend.
“They were roommates,” Denenberg said. “But they were not in a relationship.”
Attorneys for Gibson are attempting to have the case transferred to federal court. But Denenberg wants the case to remain in state court.
“This incident occurred in Philadelphia at a fraternity at the University of Pennsylvania,” Denenberg said. “Who better to decide this case than a jury from Philadelphia?”
He reiterated that Stewart never consented to have sex with Gibson.
“I’m sure if Mr. Stewart had a choice he would have preferred that this incident never took place,” Denenberg added. “He’s trying to seek justice for what the fraternity and Mr. Gibson did.”
Jeffrey N. Kale, an attorney for Gibson, declined to comment.
A jury trial isn’t expected until August 2016.