NORFOLK, VA. (WAVY) – A co-owner of three Norfolk restaurants, 43-year-old Damian Livingston, was granted bond Thursday morning on a charge of rape.

Livingston and three partners own the Culture Lounge & Restaurant, Canvas Social Cuisine and Cork & Co. Wine & Martini Bar. All three locations are along Granby Street in the Neon and Downtown districts.

The alleged crime happened May 30, however the charge did not come until five weeks later.

In court documents, a woman wrote in a statement to police that she had been drinking heavily the night of May 30. She had been in an altercation and struggle with staff members and lost her keys.

The woman said that Livingston – who she described as “DayDay” – took her to a hotel room he had rented for the Memorial Day holiday weekend. Attorneys described her as a previous employee, but said she was not one at the time of the incident. When she awoke the next morning, she says Livingston began to rip off her clothing and then raped her. But defense attorneys said Thursday morning her clothes were ripped as a result of the earlier altercation, and not caused by Livingston.

According to her statement, Livingston then gave the woman money and a robe, and she was eventually able to call a friend to get a ride.

Prosecutors said in court that the alleged victim went to Sentara Norfolk General Hospital that night and spoke with police, but decided at that time not to press charges.

The rape charge was filed July 7 when Livingston was out of the country. He was apprehended at JFK Airport in New York City, where his passport was confiscated. Livingston arranged to return to Norfolk to face the charge and was originally scheduled to turn himself in July 22, but was stopped on a traffic violation prior to that date and was arrested at that time.

Livingston listed income of $15-20,000 a month and had three defense attorneys present at his July 21 bond hearing.

After General District Court Judge Joan Mahoney heard testimony from one of Livingston’s business partners, and his ties to the community, with a daughter who lives with him in Virginia Beach, she granted a $5,000 personal recognizance bond, ordering Livingston to have no contact with the alleged victim.

Stay with WAVY News for updates on this case.