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Lawsuit: Naperville man got girl drunk, sexually assaulted her

A Naperville man sexually assaulted a girl while she was drunk and humiliated her by smearing her body with condiments and posting a video of her on the internet, according to a lawsuit filed in Will County.

On July 19, Matthew H. Herzberger, 19, was sued by an unnamed Naperville resident who accused him of sexual assault and battery, nonconsensual distribution of private sexual images, invasion of privacy and infliction of emotional distress. Herzberger’s parents, Michael and Angel, also are being sued for alleged negligence.

Herzberger invited a girl to his home Dec. 18 and plied her with alcohol until she began “drifting in and out of consciousness,” according to the suit.

Once she was severely intoxicated, Herzberger removed all of her clothes and smeared her with ketchup, mustard, hot sauce and whipped cream, according to the suit, then hit her, verbally mocked her and engaged in sexual contact.

Herzberger created a video and still images of her “for his own sexual gratification” and distributed them on the internet, according to the suit, transmitting the images with a personal electronic device via his Snapchat account.

Afterward, he put her unconscious body in a family car, drove her to a friend’s house and pushed her body through a window and into the basement of that friend’s home before leaving, according to the suit.

The plaintiff’s attorney, Jeff Tomczak, and Herzberger’s attorney, Stacey McCullough, failed to return calls Tuesday.

On April 9, Naperville police charged Herzberger with battery for an incident that took place on either Dec. 18 or Dec. 19, according to court records. The complaint said Herzberger poured condiments and put a crouton on the head of a woman, and broke an egg on her head.

Herzberger has pleaded not guilty and was ordered by a Will County judge to have no contact with the woman.

A call and message to a Naperville police public information officer was not returned Tuesday.

The plaintiff is seeking compensatory damages in excess of $50,000 and punitive damages in excess of $1 million.

Felix Sarver

Felix Sarver

Felix Sarver covers crime and courts for The Herald-News