GREENVILLE, SC (FOX Carolina) - A Greenville real estate developer appeared in court on Thursday for a civil suit that claims he raped a woman.
Marcus Sewell McCall was originally charged with criminal sexual conduct in November 2017. The plaintiff, Tracey Herlong, filed the civil suit a year later.
The Greenville County Sheriff's Office said a man is in custody after a sexual assault investigation.
According to court documents, Herlong said she had dinner with McCall then went back to his house on the night of October 10, 2017. Once they got to his house, the suit claims McCall poured Herlong a glass of wine that was laced with the date-rape drug, GHB.
“The parties agree that they had drinks at dinner and after dinner they went back to Mr. McCall’s condo for more wine. At that point, the stories widely diverge on what happened next,” McCall’s attorney, James Fayssoux, Jr. said.
The suit claims Herlong became unconscious, and that’s when McCall raped her.
"The defendant unequivocally, completely and adamantly denies any of that, but admits they had consensual sex,” Fayssoux said.
Greenville County deputies said the incident was reported on October 25, 2017. Herlong said she went to a doctor, but it was too late for a rape kit; however they were able to test for GHB.
The lawsuit claims the results came back showing a “dangerously high level” of GHB.
"In this particular case, we have had a history with Mr. McCall with incidents where he is either trying to cover up, delete or destroy evidence in the case,” Herlong’s attorney, Jim Bannister said, “On the night of the incident, he took Ms. Herlong’s dress and washed and dried it. We believe that was in order to get rid of the date rape drug that appeared on the dress.”
At the hearing on Thursday, Herlong’s attorneys asked McCall to turn over his computer records and financial documents.
"One of the things we are looking for in the financial information is to see whether or not he was making an attempt to move or transfer assets or money back and forth or around to other places in an attempt to safeguard it from what was going to be a civil suit,” Bannister said.
McCall’s attorney argued that the request was too invasive.
"That’s what these subpoenas are designed to do. They’re designed to interfere with his business and they're designed to cause pain. Your honor, my client is a very successful real estate developer. With all of his bank accounts, all of his partners and all of his companies, what these subpoenas are asking for causes problems,” Fayssoux said.
Another civil hearing will take place in six months.
McCall is out on bond, awaiting trial for the criminal sexual conduct charge. A trial date has not been set at this time.
Editor's note: We want to point out that, in a case like this involving sexual assault accusations, we do not name the plaintiff without their permission. In this case, Tracey Herlong, through her attorneys, gave permission to be identified in the story.