A Naperville man already facing a misdemeanor battery charge for allegedly smearing condiments on a teen has been indicted on new felony charges of criminal sexual abuse by use of force and aggravated battery that was video-recorded, according to court records.
Matthew Herzberger, 20, of the
3400 block of White Eagle Drive was indicted on the charges Wednesday. He previously was charged with battery for allegedly breaking an egg on a girl’s head, as well as pouring condiments and putting croutons on her head.
That charge was dismissed in December as the Will County State’s Attorney Office continued to investigate the case.
Herzberger has been charged with recording video of himself pouring several liquids on the victim, including lotion, ranch dressing, barbecue sauce, ketchup and water.
Herzberger also was charged with touching the alleged victim’s breast while knowing she was unable to give consent at the time of the offense.
He also was charged with breaking an egg on her and making a video recording of his offenses “with the intent to disseminate the recording.”
A warrant carrying a $500,000 bond was issued for Herzberger’s arrest, according to court records.
The alleged victim in the dismissed case filed a lawsuit against Herzberger last year.
The lawsuit claimed that in December 2017, Herzberger invited her to his home and supplied her with alcohol until she was severely intoxicated.
Herzberger removed her clothes, smeared her body with condiments, engaged in sexual contact and created a video and still images that were distributed on the internet, according to the lawsuit.
Afterward, Herzberger put the teen in a family car, drove her to a friend’s house and pushed her through a window and into the basement of that friend’s home before leaving, according to the lawsuit.
Herzberger’s mother, Angel Herzberger, previously claimed her son never sexually assaulted the teen or pushed her through a window while she was passed out.
His mother did, however, admit her son put condiments on the teen, but she considered that a prank.