Hunter
12/14/21
The University of Iowa fraternity named in a sex assault lawsuit has renounced any responsibility and blames the accuser of unethical behavior.
The Gazette reports that the Mu Deuteron Chapter of Phi Gamma Delta, or FIJI, claims in their reponse to the suit that “the sole proximate cause of any injury plaintiff may have experienced is due to her own conduct.”
Makena Solberg filed suit last month against two members, alleging that they sexually assaulted her, recorded the incident and shared photos and videos on social media. She named the fraternity in the suit, accusing it of aiding and abetting the two.
The incident occurred in September 2020 and was reported by Solberg shortly afterwards, but Iowa City police didn’t press any criminal charges until last week. They arrested 20-year-old Carson Steffen of North Liberty December 8th on suspicion of first-degree harassment. The criminal complaint alleges that Steffen recorded images of Solberg engaging in a sex act with another male and sent a photo to several people on Snapchat without Solberg’s permission.
In his answer to Solberg’s lawsuit, Steffen denied recording the incident without her consent, and denied disseminating pictures or video of the incident. He has admitted to having sex with the woman but claims it was consensual.
Solberg alleges that Steffen and another member of the fraternity planned and conspired to lure her into one of their bedrooms and sexually assaulted her while she was intoxicated, physically impaired and unable to give consent.
The Gazette says the frat’s defense, which was made public over the weekend, asserts Solberg’s recovery of any damages should be barred or limited based on a doctrine cited in cases where the defendant accuses a plaintiff of acting unethically in connection to the circumstances that led to the lawsuit. FIJI’s response said that Solberg’s claims should be thrown out because of her consent, contributory negligence, and/or willful misconduct.
Iowa City police have told the newspaper that they don’t plan on filing any more charges in the case.