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Volunteer NYC firefighter accuses department chief and co-worker of 'brutally raping' her

A New York volunteer firefighter has claimed that she was 'plied with alcohol' and served as a 'birthday present' to a ranking officer by the former department chief - before they both 'violently raped' her in a firehouse bathroom.

The fire medic who has trained as a firefighter and EMT and chose to remain nameless is suing former Wantagh Fire Department (WFD) Chief Kenneth Kelly Jr., 51, and their Engine 7 Captain Josef Seier, 28, accusing the pair of physically and sexually assaulting her last year.

An ominous text message from Kelly which was filed as part of the lawsuit to the Nassau County Supreme Court on Thursday said 'had fun last night. But remember that's between you me and Joe only forever.'

The woman claims she reported the incident at the time and has now requested a trial by jury and unspecified damages from Kelly, Seier and WFD, her lawyer, Vesselin Mitev, calling the alleged attack 'grotesque,' according to the Daily Beast.

Engine 7 Captain Josef Seier, 28 Former Wantagh Fire Department Chief Kenneth Kelly Jr., 51

A New York volunteer firefighter has claimed that she was 'plied with alcohol' and served as a 'birthday present' to ranking officer, Engine 7 Captain Josef Seier (left), by former Wantagh Fire Department Chief Kenneth Kelly Jr. (right), 51, - before they both 'violently raped' her

An ominous text message from Kelly which was filed as part of the lawsuit to the Nassau County Supreme Court on Thursday said 'had fun last night. But remember that's between you me and Joe only forever'

An ominous text message from Kelly which was filed as part of the lawsuit to the Nassau County Supreme Court on Thursday said 'had fun last night. But remember that's between you me and Joe only forever'

'She's had these extraordinary feelings of humiliation, shame, she can't sleep,' said Mitev.

'She was brutally assaulted by two people who she considered friends, and not only colleagues, but her superiors. That has made her reconsider whether she'll ever again be able to do the thing she most enjoyed doing, helping others.'

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The woman, who is in her mid-20s and has a day job as a physician's assistant on Long Island, according to Mitev, 'loved being a firefighter and loved being part of what she thought was a unit.'

It's claimed that Kelly and Seier, however, 'considered her, literally, a disposable sexual vessel,' Mitev said.

Mitev added that his client has been unable to return to her volunteer position since the 2022 incident.

DailyMail.com reached out to officials with WFD but they did not respond immediately on Friday. No criminal charges have been filed against either man, at present.

The allegations against Kelly and Seier stem from the evening of Jan 14, 2022, when the woman said that she arrived at WFD Station no. 4 at about 9.30pm for a gathering to celebrate Seier's birthday, the lawsuit states.

When she got there, the woman claims she was 'immediately served and continuously overserved with multiple alcoholic drinks' by Kelly and Seier.

The allegations against Kelly and Seier stem from the evening of Jan 14, 2022 where she claims Kelly (pictured here as he was sworn in as chief in 2020) raped her along with her colleague Seier

The allegations against Kelly and Seier stem from the evening of Jan 14, 2022 where she claims Kelly (pictured here as he was sworn in as chief in 2020) raped her along with her colleague Seier 

The lawsuit goes on to say that they both 'encouraged' her to knock back various different liquors, including Malibu rum and a spirit called 'Black Death.'

The court filing goes on to allege fire district officials had been previously warned that male firefighters in Wantagh preying on intoxicated female members was 'a recurrent ongoing problem.'

Kelly and Seier, who were direct supervisors of the woman, are claimed to have had a premeditated plan to get her drunk and sexually assault her, according to the lawsuit.

Throughout the evening, while the woman was seated at a bar in the fire station's company room, Seier is said to have kept his hand on her thigh and continually leaned into her, the suit claims.

As the night went on, Kelly allegedly started making lewd comments toward the woman and at roughly 2 am, the woman claims to have heard Kelly saying to Seier 'that they were going to 'wet her like a sponge.'

Kelly allegedly followed the comments by 'shutting down the party and telling everyone to leave.'

That's when, according to the lawsuit, she 'began to realize that the Defendants' intentions were to sexually assault her in her intoxicated state, as she would not be able to consent or fight off their sexual advances.'

When the firehouse had cleared out, the woman claims she was alone at the on-site bar with Kelly and Seier.

Kelly accused of the 'grotesque attack' is seen here (circled red) with colleagues in 2021

Kelly accused of the 'grotesque attack' is seen here (circled red) with colleagues in 2021

That's when Seier allegedly 'began forcing himself upon' the woman, 'kissing her against her will.'

'Come on,' Seier kept repeating, trapping the woman between himself and Kelly as she attempted to leave, the lawsuit claims. According to social media, both men have partners.

As she struggled to get away, the men are claimed to have informed her that there were no security cameras in that part of the firehouse.

'You want to see this big d***?' Seier allegedly asked the woman.

'We know you like it,' the suit claims Kelly said, 'and then reminded [her] that it was Seier's birthday and that she was to be his 'present' all while the [woman] was trapped between both [Kelly and Seier] who were visibly sexually aroused.'

The suit claims that the woman began to slip in and out of consciousness, and after eventually blacking out, she came to in the firehouse bathroom.

With the door locked, Kelly and Seier removed the woman's clothes before Kelly bent her over the sink and raped her, 'unprotected and without her consent,' the suit claims.

'At the same time, Defendant Seier forced the [woman] to perform fellatio on him,' it goes on, alleging that Seier also digitally penetrated the woman against her will.

The suit goes on to say that Kelly eventually left, leaving Seier to continue the attack, choking the woman in the firehouse officer's room, where she claims he also raped her.

When the woman got home at about 4 am she said she got a text message from Kelly, who she claims pressured her to keep the attack quiet. The lawsuit states that this was 'a clear admission' to what had happened.

She has since continued to endure physical pain, as well as 'severe psychological harm and depression,' according to the lawsuit.

'It is grotesque, it is barbaric, it is callous, it is simply unconscionable,' Mitev told The Daily Beast.

Kelly is seen here with colleagues from Engine 7 - who presented him with a ring in Dec 2021

Kelly is seen here with colleagues from Engine 7 - who presented him with a ring in Dec 2021

'Then they tried to whitewash the whole thing, saying she didn't promptly report it, that was what they tried to dance around behind, and there was no attempt to settle this.

'We had to give WFD notice of [the] claim under the law for this municipality. They knew about this.'

Mitev said the woman has taken an indefinite leave of absence, after 'inaction on the part of WFD.'

In March of last year, he said he got a letter from the fire district's attorney, who claimed the department had severed ties with both Kelly and Seier.

The woman told Mitev that the pair 'were right back on [Fire Department] property weeks later, hanging out and joking around as if nothing happened.'

'She knew it wasn't safe anymore,' Mitev said.

Kelly's name has been removed from a department roster on WFD's website but Seier remains listed as the captain of Engine 7. Multiple photos on social media and the website's archive however, remain intact.

Seier's father, John Seier, Jr., was also a member of the fire department. He passed away March 6 2021 nearly a year before the alleged attack.

Firenews.com said that John was a proud and enthusiastic member of the department since he joined in December 2004.

He was originally assigned to Engine 7, which his son was captain of and later transferred to Fire Police in 2008.

Last year, an assistant fire chief in Utah was sentenced to prison after pleading guilty to raping a female firefighter under his command.

Also last year, as the Daily Beast reported, a West Virginia firefighter was investigated by the FBI on accusations of raping an underage girl in his firehouse, ultimately receiving a 14-year sentence.

In 2018, an Illinois fire captain was convicted of drugging and raping a probationary employee, and videotaped the brutal assault.

A few years before that, more than a dozen FDNY firefighters and officers were accused of gang-raping a civilian in a Bronx firehouse.

The woman said she is 'keeping all options open' in considering pursuing criminal charges, her lawyer, Mitev said she filed the civil suit 'in order to vindicate not only her rights, but those of others who have unfortunately suffered similar fates at the hands of sexual oppressors.'

'She truly is someone that exemplifies the spirit of trying to help others,' said Mitev.

'It is just grotesquely unfortunate that this happened to her.'

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