AUSTIN (KXAN) — A woman who says she was raped by a parking attendant at a music festival in 2018 is suing the security firm that hired her alleged attacker.
Paul Tincher was charged with sexually assaulting the woman, who was 17 at the time, in a parking lot at the JMBLYA festival at Circuit of the Americas. He is due to go on trial in September.
The victim is now suing Transport Management Services, the parking contractor for the festival, and the sub-contractor, security firm Texas One Security Services. She accuses the defendants of negligence.
The lawsuit states that the defendants negligently hired Tincher, who has an “extensive criminal history including sexual assault,” as a parking lot attendant for the music festival.
During the festival, Tincher attacked the plaintiff in the parking lot, the suit claims.
Following the incident in May 2018, the US Marshals Service said the victim asked for Tincher’s help to find her car after leaving JMBLYA. He then sexually assaulted her, she claims.
Neither JMBLYA nor Circuit of the Americas were involved with hiring or managing parking attendants.
The parking contractor, Transportation Management Services, said it hired a local staffing company, Texas One Security Services, which background checked all employees, including Tincher.
Tincher has been arrested several times for assault since 2001 and has pleaded guilty to three assault charges, including one involving a family member.
“With his criminal history, Tincher was an unsuitable candidate to serve as a parking attendant for an evening event in which he would undoubtedly interact with female patrons,” the lawsuit states.
“Defendants either performed no criminal record check on Tincher, or did a check but hired him anyway, knowing he would come into contact with many young women.
“Defendants further failed to adequately supervise and oversee Tincher’s conduct, which would have prevented Plaintiff’s rape from occurring.”
The victim is suing for $1 million in damages.
KXAN has contacted Transport Management Services and Texas One Security Services for a statement. This story will be updated when they respond.