Kirsten Childress alleged she was drugged and sexually assaulted following a private event during eXp Shareholder Summit in May 2023. She is the sixth woman to make similar allegations in court.
Bigger. Better. Bolder. Inman Connect is heading to San Diego. Join thousands of real estate pros, connect with the Inman Community and gain insights from hundreds of leading minds shaping the industry. If you’re ready to grow your business and invest in yourself, this is where you need to be. Go BIG in San Diego!
A former eXp agent sued the brokerage and a photographer who worked for one of its agents, saying she was drugged and sexually assaulted after a networking gathering that took place during an eXp event in 2023, and that eXp failed to properly investigate the incident.
Kirsten Childress alleged that she met the photographer, Nicholas B. Moore, at an open bar hosted by an eXp vendor during the eXp Shareholder Summit in May 2023 before the alleged attack took place.
After filing her civil lawsuit in the U.S. District Court for the Middle District of Florida on Monday morning, Childress became the latest woman to sue eXp and allege she was attacked after attending an event affiliated with the brokerage and receiving a laced drink.
Childress said that she attended a networking event with an open bar and food hosted by an eXp vendor during the summit. She recalls drinking 1-2 vodka cranberry cocktails while eating and socializing during the event, her complaint says.
“The next thing [she] recalls is being raped and strangled by [Moore] in his hotel room,” the complaint says.
Moore hasn’t been charged with a crime. He didn’t immediately respond to a request for comment on Monday, the day Childress filed her civil complaint against him and eXp.
In a statement, eXp said that it was “deeply concerned” about the allegations and distanced itself from the event that preceded the alleged attack.
“We are deeply concerned by any report of harm and extend our compassion and support to Ms. Childress,” the brokerage said in a statement. “The alleged incident occurred at a private, non-eXp-sponsored event, and the accused individual is not affiliated with eXp Realty. When the matter was brought to our attention, we immediately responded by offering support to the victim and by taking action to help to ensure the safety of other eXp agents. We want to be clear that eXp does not in any way condone, and had no involvement or control over, the actions of the accused individual.”
The allegations
The New York Times reported on Childress’s lawsuit on Monday. The outlet first reported on the case in an article about similar allegations involving eXp and its agents in December 2023.
The alleged incident happened in a hotel room after a networking event hosted by an unspecified eXp vendor on the Friday night of the event.
The NYT reported that detectives with the Orange County Sheriff’s Office interviewed Moore the morning after the alleged attack, during which he said they had consensual intercourse.
Neither the hospital nor the Victim Service Center conducted toxicology screenings, according to the complaint. The state attorney’s office later declined to prosecute the case, citing the lack of toxicology testing, the complaint states.
Moore allegedly said that he had no sexual contact with Childress, and that he ordered a rideshare to take her to her hotel after he learned she was married, according to the lawsuit.
“However, DEFENDANT MOORE’s DNA was detected from vaginal swabs collected from the rape kit,” Childress’s lawsuit states.
“DEFENDANT MOORE later admitted to the law enforcement he choked PLAINTIFF during sex but claimed it was consensual,” the complaint says. “This is inconsistent with PLAINTIFF’s statements, memory loss, post-traumatic presentation, and physical evidence.”
According to the complaint, eXp didn’t conduct an investigation into the alleged conduct, and Moore still worked as a contractor for at least one eXp agent months after the alleged incident.
“DEFENDANT eXp’s failure to investigate is consistent with DEFENDANT eXp’s pattern and practice of turning a blind eye and not investigating the conduct of its top agents, contrary to its own Policies and Procedures.”
In her complaint, Childress accuses Moore of sexual battery and intentional infliction of emotional distress. She accuses eXp of negligent misrepresentation and breach of contract.
She is seeking compensatory relief to be determined at trial, punitive damages from Moore and eXp, and an injunction requiring policy reform and reporting transparency at eXp.
Previous lawsuits
In February 2023, four women accused two eXp Realty agents of luring them to industry and company events with the promise of career advancement, only to then drug and sexually assault them.
That complaint ultimately argued that the two men participated in an “ongoing venture to entice women to travel in interstate commerce, recruit enthusiastic real estate agents with the promise of career advancement and coaching, and use their considerable influence in the real estate industry on these other real estate agents behalf, knowing that they would use means of force, fraud or coercion to cause these women to engage in a sex act.”
A fifth eXp agent filed a lawsuit that made similar allegations in December 2023.
Those lawsuits are still in litigation.
