ORANGE COUNTY, Fla. — Charges have been dropped against a man accused of raping a woman outside of The House of Blues in Disney Springs last year.
Hector Herrera, 27, of Kissimmee, was seen on security video last July leaving with the woman.
The woman told detectives she had had two ciders and 10 shots of vodka before going to The House of Blues.
He was accused of sexual battery against the woman in July 2015.
Herrera’s lawyers filed a motion last month to have the case dismissed, claiming that the sex was consensual, and that he never bought the woman alcohol.
The woman was found naked and passed out in some bushes outside the establishment.
In the motion to dismiss the charges, Herrera claimed that the he and the woman had been dancing inside The House of Blues, and she made sexual advances toward him and then suggested the two have sex in his car.
He told detectives after they had sex in some bushes that she pulled him into, she became upset, because he couldn’t have sex a second time without a condom.
Herrera told investigators that he tried to get her clothes back on, but she was too hysterical, so he left her in the bushes.
His lawyers filed a motion to dismiss the charges, on March 11.
The woman said she had no recollection of any of the events described by Herrera.
The State Attorney’s Office could not move forward with the charges because the victim would no longer cooperate with the investigation. The State Attorney’s office said it would be too difficult to prove the charges without the victim’s cooperation.
Cox Media Group
