Cicero Woman Sues Uber and Driver Over Alleged Sexual Assault During Ride

A Cicero woman is suing Uber, a company subsidiary, and a rideshare driver after what she says was a sexual assault during an early morning ride home in April, according to a civil lawsuit filed in Cook County court.

The woman, identified in court records as Jane Doe, was heading home from a friend's birthday party in the early morning hours when she ordered an Uber, according to a CBS News Chicago investigation. Her boyfriend, who was tracking the ride through the shared Uber app, said he noticed the driver make an unusual turn that took the vehicle miles in the wrong direction from their home.

"He immediately jumped in his car to find them while keeping an eye on where the driver was going," the boyfriend said in an interview with CBS News Chicago Investigators. He spoke on the condition that his face not be shown and his voice be disguised to protect his girlfriend and himself.

By the time the boyfriend caught up to the vehicle, stopped on a residential side street near Douglass Park in North Lawndale in the 1400 block of South Sawyer, he said he could see through a small crack in the window that the driver was in the back seat on top of his unconscious girlfriend.

"She was unconscious and he was taking advantage of her," the boyfriend said. "Her dress was pulled up. She was blacked out."

The boyfriend, a licensed gun owner, said he confronted the driver with a phone in one hand recording the encounter and a gun in the other. The driver pleaded for him not to call police before opening the door, pushing the woman out, and driving off. The boyfriend then called police, who arrived at 3:53 a.m.

The lawsuit names Uber, its subsidiary Raiser LLC, which handles driver background checks, payments, insurance, and local regulation compliance, and the driver, identified as 47-year-old Jaime Arroyo.

Attorney Karen Enright, who represents Jane Doe, said the driver did not follow Uber protocols but that the company knew he had not.

"The driver didn't follow the Uber protocols, but Uber knew that the driver didn't," Enright said.

The lawsuit claims Uber failed to discover during a background check, or to take action after finding out, that Arroyo had a prior criminal history. Cook County court records show Arroyo was convicted of a 1996 felony burglary and sentenced to 18 months probation. The lawsuit also claims Uber failed to act on a warning sign that Arroyo went off course on April 18 and stopped for a long period of time.

Enright said a safety program called Ride Check is supposed to help Uber monitor drivers. The company is supposed to contact a driver to find out why they stopped or deviated from the intended route.

"I think he saved her life. And I don't know that the Uber driver would have stopped or even let the girl out had he not pulled out his gun and threatened him," Enright said of the boyfriend.

Jane Doe was examined at a hospital shortly after the incident. Enright said the doctor found bruises and abrasions consistent with an assault, and that the medical records support that a sexual assault occurred.

The lawsuit also criticizes the pace of the criminal investigation. Enright said police have told her client they are still waiting on the results of a rape kit taken at the hospital. By state law, the crime lab has 180 days to process the kit once it is received, which could mean results are not available until sometime in October. Arroyo has not been arrested or charged with any crime.

"Chicago police did not respond to our requests for information on their investigation, other than to confirm it is active and ongoing," the CBS News Chicago investigation reported.

Uber banned Arroyo from the platform when the incident was first reported in April, so he no longer drives for the company. Uber did not comment specifically on the current litigation but noted in an email that "serious incidents on the Uber platform are incredibly rare – the vast majority of Uber Trips (99.9%) being completed without any type of reported safety incident at all."

The lawsuit is not part of a broader multidistrict litigation in California that includes more than 4,900 cases nationwide accusing Uber drivers of sexual assault, though one Illinois case was recently added to that action.

The boyfriend said his girlfriend continues to feel anxious and scared.

"She was really traumatized. It affected her, I'd say mentally a lot," he said. "She doesn't even feel safe anymore. Even in our own house, where you're supposed to be the safest."

Arroyo did not answer questions related to the case when a CBS News Chicago investigator found him at his Orland Park home.