Bad news for Derrick Rose and his team of lawyers. The New York Daily News reports that Derrick Rose’s motion to dismiss the sexual assault lawsuit filed last year by the NBA star’s former fling has been denied by a federal judge in Los Angeles, This means the case will head to trial in early October – when Rose is scheduled to head to training camp.
U.S. District Judge Michael W. Fitzgerald’s reason for denying Rose’s motion, according to court documents, was that Rose failed to prove that the woman – identified in court papers as “Jane Doe” — consented to sex with Rose and two of his friends in August 2013.
The 31-page lawsuit, which seeks $21.5 million in damages, claims that Rose and his friends drugged the woman, broke into her California apartment, and gang-raped her. According to the woman, the incident happened after the group attended a party at a home in Beverly Hills. After drinking at the party, the woman says she left the party in a taxi with her friend. She claims that later that evening, Rose and his two friends broke into her apartment and raped her.
Documents reveal that “Jane Doe” did not go to the police after the alleged attack because she was afraid of what her family would think and was worried of retaliation from Rose and his friends. She claims that she became paranoid that Rose was monitoring her phone calls.
Derrick Rose tried to use text messages to prove that the events that took place that night was consensual. He said that he is “very confident” that he will be proven innocent. Mark D. Baute, an attorney for Rose says, “The Plaintiff consented to sexual interaction with more than one co-defendant on more than one occasion, consented to sexual interactions on the day in question, and invited the defendants to her apartment and buzzed them in through security and opened the apartment door to welcome them, and then consented to additional group activities later that evening.”
Rose also says that the woman became upset because she felt she should be reimbursed for broken sex toys she purchased and used on the night in question. She only came up with the allegations after Rose became unresponsive to her text messages.