Sex assault lawsuit against Derrick Rose set for trial
A civil lawsuit seeking more than $21 million from New York Knicks guard Derrick Rose — he and two friends are accused of raping plaintiff “Jane Doe” in August of 2013 — is set for trial on Oct. 4.
In Doe’s complaint filed on Nov. 15, 2015, she alleges the “defendants drugged Plaintiff at Defendant’s residence, and, after Plaintiff’s friend helped her get home safely in a cab, Defendants trespassed in to Plaintiff’s apartment while Plaintiff was asleep and each sexually assaulted and raped her.”
The plaintiff seeks $6 million in compensatory damages and $15.5 million in punitive damages, according to a court document filed in October.
Rose has denied the allegations, saying he is innocent. No criminal charges have been filed against Rose, and a Los Angeles police spokesman told the Chicago Tribune last year it was not known if the incident was reported to police or if there was a criminal investigation.
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In a court document filed in November, Doe's lawyers indicated the woman had not filed a criminal complaint: "She also refused to get legal representation or call the police because she was ashamed and embarrassed by what had happened to her. She was concerned her conservative family would find out."
Randall Hampton, Rose’s longtime friend; and Ryan Allen are also defendants. Ryan Allen is the younger brother of Memphis Grizzlies guard Tony Allen.
There has been a steady back and forth between the two legal teams with a flurry of documents filed in the past week.
Rose’s lawyers have asked for the plaintiff to reveal her name and are trying to get her parents to sit for a deposition. Rose’s lawyers also asked for a summary judgment in favor of the defendants, and that motion was denied on July 27.
"The record presents a genuine dispute of material fact as to the central issue in the actions: whether the plaintiff consented to sexual intercourse with Defendants in the early morning of August 27, 2013,” U.S. district judge Michael W. Fitzgerald wrote. “Because the jury and not the Court must resolve this central issue, summary judgment is improper.”
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The two sides also twice failed to resolve the suit through mediation.
In a court documents filed this week, both sides listed witnesses who will appear in court or through depositions.
Rose plans to testify about his “20-month nonexclusive consensual sexual relationship with Plaintiff; Plaintiff’s request for alcohol, marijuana, and ecstasy before coming to Mr. Rose’s Beverly Hills rental home on August 26, 2013; Plaintiff’s desire to get together later that same night for more consensual sexual interaction; Plaintiff texting Mr. Rose around 2 a.m. and again around 7 a.m.; Plaintiff opening three apartment doors to let her guests (the defendants) into the building, into the apartment, and into her bedroom; Plaintiff’s complaints to Mr. Rose about wanting to be reimbursed for cab fare and sex belt Plaintiff claimed falsely she bought at the 'girls on girls' store.”
The defendants listed nine witnesses. Jane Doe listed 12 witnesses, including herself.
Under oath, Rose admitted to previously trying to engage in four-way and three-way sex with the plaintiff involved, Rose testified that the plaintiff refused and so it never happened.
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“Defendant Rose has chosen to unnecessarily attack Plaintiff’s femininity, morals and character in order to perpetuate incorrect myths about sexual assault, labelling her as the “sexual aggressor,” Doe’s attorneys wrote in opposition to Rose’s motion to preclude plaintiff’s use of a pseudonym at the trial.
“All the evidence, however, including Defendant Rose’s own testimony, shows that he made great efforts to get the Plaintiff to engage in sexual activity that she was not comfortable with ... which she always refused.”
The two sides can still reach a settlement before the trial begins.
Follow Jeff Zillgitt on Twitter @JeffZillgitt.