LEXINGTON, Ky. (WKYT)- The husband of a woman who died following a sexual assault at a Lexington strip club is now suing for wrongful death.
Melissa Smiley's husband is suing Fillies Gentleman's Club, where she was sexually abused in July 2013; Clyde Sexton, the man accused of sexually assaulting her; and several others for allegedly failing to stop the attack. Joseph Smiley is also suing on behalf of her two young children.
Police say 37-year-old Melissa Smiley was painting with Sexton when she passed out from a respiratory disease at the club on Winchester Road. Instead of calling for help, investigators say 71-year-old Clyde Sexton sexually abused her. Smiley died several days later.
The lawsuit filed in Fayette Circuit Court says Smiley could have been treated if she'd been helped immediately.
Police said the mother of two had a pre-existing medical condition that included a history of fainting.
Sexton is awaiting trial for sexual abuse and evidence tampering. He was never charged in Smiley's death.
Police say some of what happened to the unconscious woman was captured by a surveillance camera.