WASHINGTON, D.C. - A professional baseball player with ties to the Orioles is being sued in a multi-million dollar lawsuit filed Thursday in the Superior Court of the District of Columbia.
In court documents first reported on by ABC2 Investigators, a New Jersey woman claims Alfredo Simon, a former Orioles pitcher who now plays for the Cincinnati Reds, sexually assaulted her in Washington, D.C. last spring.
The lawsuit claims the victim met Simon in a D.C. nightclub, Huxley, on the night of April 27, 2013. The woman says Simon bought her drinks and offered her tickets to the following day's game with the Nationals.
Records show she claims Simon grabbed her hand and said "we are getting out of here," before taking her to the Mayflower Renaissance Hotel. Kelly said a man who said he was Simon's manager arranged the meeting. The victim went with Simon voluntarily.
"It's a rape but it's also a physical attack. It's really an assault case," the victim's attorney, Baltimore-based Steven Kelly said.
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He claims she was intoxicated and unable to give consent to any sexual contact.
"What she thought was going to be a romantic evening turned into a very violent and brutal attack," Kelly said.
The woman says she went for a sexual assault forensic exam the following morning at the Washington Hospital Center.
"There was forensic evidence that demonstrated injuries that are just inconsistent with the notion of consent," Kelly said. "You do not consent to the type of injuries that are demonstrated in the medical records here."
The incident was reported to D.C. Metro Police in May of 2013.
The lawsuit asks for millions in punitive and compensatory damages, claiming assault, battery and intentional infliction of emotional distress.
Simon will not be charged criminally. Prosecutors did not specify why the case won't move forward with criminal charges, nor are they legally bound to do so.
"The fact that the US Attorney, that one prosecutor determined that this case should not go forward has no impact on our ability to file a civil lawsuit ... but it is motivating factor for my client," Kelly said.
The next step, Kelly said, will be to serve Simon with the lawsuit.
Simon, who played for the Orioles from 2008-2011, made headlines when he was accused of involuntary manslaughter in a case in the Dominican Republic. He was acquitted in that case in 2011.
Simon's attorney Jack Quinn tells our sister station, WCPO that the charges against his client are "totally baseless" and that Simon will be fully exonerated in court.