• Deputies: Suspect in rape outside House of Blues said he had sex with alleged victim

    Updated:

    ORANGE COUNTY, Fla. - The man accused of raping a woman outside the House of Blues in Downtown Disney said he left the establishment with her and had sex with her, deputies said.

    Detectives said surveillance video showed Hector Herrera, 26, making sexual gestures toward the woman inside the business and that they spent 13 minutes together before they left.

    Detectives said before they arrested Herrera on Thursday, they had spoken to him and secretly recorded him.


    Raw: Herrera at the jail


    Deputies said he and the woman, who was drunk and stumbling, were heading to his car, but she stopped him before they got there.

    Herrera admitted to having sex with the woman outside, but added he did nothing wrong, deputies said.  

    He told investigators he realized it was a mistake and tried to motivate her to get up and get dressed, but she was too "out of it."

    Herrera said he knew it would look bad if he called security, so he left her there, investigators said.

    Herrera was picked up at his Kissimmee home Thursday afternoon by U.S. Marshals and Orange County deputies.

    Investigators said the woman was assaulted on July 16.

    A Disney Springs security guard found the victim naked in some bushes outside the House of Blues around 5:45 a.m., according to investigators.

    Investigators said the woman told them she was at the House of Blues but does not remember leaving or anything else that happened.

    Deputies said the woman was disoriented, and her clothing was found nearby along with a used prophylactic.

    According to investigators, the woman said she went to the House of Blues with friends after having as many as two beers and ten shots of vodka at her apartment and another three drinks at the bar.

    She told investigators that she wasn't aware of a sexual encounter, but any sexual encounter that might have taken place was non-consensual.

    Neighbors said they were shocked by the accusations.

    "You never know who's living next door to you. You think they're good people and then all of a sudden you hear the opposite," neighbor Mary Marine said.

    Herrera was identified after someone recognized him in a surveillance photo released by deputies from the night of the incident.

    He was arrested three years ago for drunken driving and told officers that he was heading home from the House of Blues.

    Herrera was taken to the Osceola County Jail after his arrest and posted the $50,000 bond at about 8 p.m. He is facing charges of sexual battery.

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