Alleged victim in rape case against former KY lawmaker is suing the hotel where it happened

Facing an upcoming court hearing after being charged with rape nearly a year ago, former Kentucky lawmaker John Tilley is now being sued by the alleged victim in the case.

A civil lawsuit was filed in February against 55-year-old Tilley, of Prospect, by the alleged victim. The Lexington Marriott City Center, which is where the incident occurred, Joseph Weidner and a “John Doe” are also being sued, according to court documents.

The victim’s attorney, Julie Anderson, did not respond to request for comment as of Monday morning. The Herald-Leader does not identify alleged victims of sexual assault.

The civil complaint accuses Tilley of common law sexual assault, assault, battery and negligence per se. The lawsuit is separate from the criminal case against Tilley, who was indicted on a rape charge in October 2022.

The lawsuit alleges on April 15, 2022, Tilley, Weidner and another man purchased the victim an alcoholic drink causing her to become physically helpless and sexually assaulted her inside the City Center.

“Tilley’s sexual abuse and assault of the plaintiff constituted a harmful or offensive touching of the plaintiff, to which the plaintiff could not consent because she was unconscious,” the suit says.

Tilley’s civil attorney, Licah Farah Jr., was not immediately available for comment Monday morning. In court documents, Tilley denied “any and all” allegations listed in the victim’s complaint.

The plaintiff is suing the hotel for negligence, negligence per se, premises liability, negligent hiring, training and supervision, and negligent infliction of emotional distress.

The City Center was complicit in the assault by “secluding the physically helpless plaintiff in a guest room,” according to the lawsuit.

The lawsuit claims the hotel failed to uphold its duty to protect its guests, maintain a safe environment and supervise guests on the property when it is foreseeable that “sexual assault is imminent.”

“Marriott breached that duty and was negligent and indifferent to the rights of the plaintiff in that its conduct among other things, failed to properly supervise the premises in allowing Defendants Tilley and the John Doe to escort the physically helpless Plaintiff onto the premises and into a private room wherein she was then sexually abused,” court documents say.

The hotel’s attorney, Bradley Moore of Lexington, said he couldn’t comment due to pending litigation. The City Center’s answer to the complaint denies culpability in the incident.

Moore has made attempts for evidence discovery, a process in which information on evidence is made available to all parties. The victim and her lawyer have attempted to stop that effort, according to court documents. Fayette Circuit Judge Thomas Travis allowed discovery to move forward for Moore’s client, as it would have no effect on the outcome of Tilley’s criminal proceedings.

Travis wrote in a court order that claims against the Marriott and Weider are distinct from the claims against Tilley.

“Thus, some limited discovery on these allegations can move forward without compromising the integrity of the criminal action against Tilley,” Travis wrote in his order.

Weidner and the “John Doe” — an unidentified third person who the victim believes was involved — are being sued for assault and battery, negligence, and negligence per se. The suit alleges Weidner constituted harmful and offensive touching, failed to intervene on the assault and aided Tilley in secluding the victim.

According to an answer filed in court documents, Weidner denied all claims made by the alleged victim in the case. The document alleges that all damages alleged by the victim were “caused and brought about by the plaintiff’s own negligence or voluntary acts.”

Weidner denied claims the alleged victim was “physically helpless or unconscious” at anytime observed by him.

“Mr. Weidner has denied any improper actions and he will continue to deny it,” said Larry Deener, Weidner’s attorney.

The victim is seeking punitive and exemplary damages, according to the lawsuit. This suit cannot be settled until the criminal charges against Tilley are resolved, according to court documents.

Tilley was arrested in August 2022, several months after the alleged rape. The victim told police she blacked out after she was given an alcoholic drink and she woke up unclothed at the hotel with no memory of how she arrived there, according to court documents filled out by Lexington police.

Police said the hotel staff identified Tilley as one of three men seen on video leaving the pavilion area with the woman. Police said he was identified leaving the hotel elevator with the victim, leaving the other two men behind.

Tilley, an attorney, represented Christian and Trigg counties as a Democratic state representative from 2007 to 2015, when he was appointed secretary of the Justice and Public Safety Cabinet by former Gov. Matt Bevin.

The former lawmaker has been out on bond since August 2022, shortly after he was arrested. He is scheduled to appear for a status hearing for the criminal charges on Oct. 27. Tilley is scheduled to appear in a pretrial conference for the civil matter on Thursday.