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| Derrick Rose rape case: victim's lawyers call for NBA to investigate | |
| (35 minutes later) | |
| Lawyers for a woman who accused the New York Knicks’ Derrick Rose and his friends of gang-raping her called on the NBA and the team to investigate the allegations late on Thursday. | |
| “That’s their obligation,” said Waukeen McCoy, one of the lawyers for Jane Doe, a 30-year-old California woman. “I know there’s a morality clause in his contract … They have the discretion to suspend or discipline. I think they should at least conduct an investigation.” | |
| In August last year “Jane Doe” filed a civil suit against Rose, the new point guard for the Knicks, and his friends Randall Hampton and Ryan Allen. The suit alleges that in the early hours of 27 August 2013, they broke into her apartment and took turns raping her while she was incredibly drunk, possibly drugged and barely conscious. They have denied the allegation and say she allowed them into her home and the sex was consensual. | In August last year “Jane Doe” filed a civil suit against Rose, the new point guard for the Knicks, and his friends Randall Hampton and Ryan Allen. The suit alleges that in the early hours of 27 August 2013, they broke into her apartment and took turns raping her while she was incredibly drunk, possibly drugged and barely conscious. They have denied the allegation and say she allowed them into her home and the sex was consensual. |
| Next month on 4 October, the same day the New York Knicks begin their pre-season, the trial of this case will begin in Los Angeles. | |
| Doe spoke to journalists on Thursday in a group phone call with her lawyers. She spoke about her need for anonymity – Rose’s lawyers filed a motion arguing that her name should be made public – and her lawyers revealed that during his deposition under oath, Rose said he did not understand the meaning of “consent”. | Doe spoke to journalists on Thursday in a group phone call with her lawyers. She spoke about her need for anonymity – Rose’s lawyers filed a motion arguing that her name should be made public – and her lawyers revealed that during his deposition under oath, Rose said he did not understand the meaning of “consent”. |
| Jane Doe’s lawyers read part of Rose’s deposition out loud to reporters: | Jane Doe’s lawyers read part of Rose’s deposition out loud to reporters: |
| Question: Do you have an understanding as to the word ‘consent’? | Question: Do you have an understanding as to the word ‘consent’? |
| Rose: No. But can you tell me? | Rose: No. But can you tell me? |
| Question: I just wanted to know if you had an understanding? | Question: I just wanted to know if you had an understanding? |
| Rose: No. | Rose: No. |
| Doe also filed criminal charges against the men for the alleged assault in August 2015, and it is still being investigated by the LAPD. When asked whether she wanted Rose, who she was in a relationship with for two years, to face criminal charges, Doe was unsure. | Doe also filed criminal charges against the men for the alleged assault in August 2015, and it is still being investigated by the LAPD. When asked whether she wanted Rose, who she was in a relationship with for two years, to face criminal charges, Doe was unsure. |
| “I feel like he knows what he did now. I don’t think he knew what he did before,” she said. | “I feel like he knows what he did now. I don’t think he knew what he did before,” she said. |
| Neither Rose’s lawyers nor the NBA responded to requests for comment by press time. | Neither Rose’s lawyers nor the NBA responded to requests for comment by press time. |
| Rose’s legal team has been portraying the alleged victim as money-hungry, “sexually adventurous” and “seeking sex”. | Rose’s legal team has been portraying the alleged victim as money-hungry, “sexually adventurous” and “seeking sex”. |
| Rose’s lawyers say the alleged victim is simply trying to “extort” Rose because of his fame, arguing in a motion to remove her anonymity: | Rose’s lawyers say the alleged victim is simply trying to “extort” Rose because of his fame, arguing in a motion to remove her anonymity: |
| This is not a rape case. It’s pure and simple extortion by a plaintiff who wants to hide behind the cloak of anonymity while seeking millions in damages from a celebrity with whom she was in a long-term nonexclusive consensual sexual relationship. | This is not a rape case. It’s pure and simple extortion by a plaintiff who wants to hide behind the cloak of anonymity while seeking millions in damages from a celebrity with whom she was in a long-term nonexclusive consensual sexual relationship. |
| The civil suit is seeking $21.5m, $6m in compensation and $15.5m in punitive damages (the punitive damages figure is based on 10% of Rose’s net worth). | The civil suit is seeking $21.5m, $6m in compensation and $15.5m in punitive damages (the punitive damages figure is based on 10% of Rose’s net worth). |
| “We’ve already seen so many attempts by the defense to victim-blame or slut-shame and of course that would only be exacerbated if her name was revealed,” said her lawyer, Brandon Anand, noting that he believes stories and false text messages have been leaked to the press by Rose’s legal team. | “We’ve already seen so many attempts by the defense to victim-blame or slut-shame and of course that would only be exacerbated if her name was revealed,” said her lawyer, Brandon Anand, noting that he believes stories and false text messages have been leaked to the press by Rose’s legal team. |
| A TMZ article published just days after the case was filed last August amplified allegations about Doe. And leaked text messages from Doe’s former roommate in support of Rose’s claim that she is only after money were published on balleralert.com, a gossip site focusing mainly on athletes (that story has now been removed). | A TMZ article published just days after the case was filed last August amplified allegations about Doe. And leaked text messages from Doe’s former roommate in support of Rose’s claim that she is only after money were published on balleralert.com, a gossip site focusing mainly on athletes (that story has now been removed). |
| However, while the leaked text messages supposedly showed Doe discussing a lawsuit – “I’m the one that kept this lawsuit going on … I told you multiple times my financial situation and how I could not let this lawsuit go because of this” – the leaked messages actually relate to a lawsuit regarding a cockroach infestation in their apartment, and not the Rose rape case. | |
| Rose grew up in Chicago and was the Chicago Bulls’ No 1 pick in 2008. The NBA crowned him its Most Valuable Player in 2011, the youngest ever to receive the honor. In 2012, Adidas signed a $185m contract with the now 27-year-old player. | Rose grew up in Chicago and was the Chicago Bulls’ No 1 pick in 2008. The NBA crowned him its Most Valuable Player in 2011, the youngest ever to receive the honor. In 2012, Adidas signed a $185m contract with the now 27-year-old player. |
| Rose and Doe had been dating on and off for nearly two years, engaging in consensual sex more than a dozen times before the August 2013 incident and attending college basketball games and parties as a couple, according to the lawsuit. During their time together, he encouraged her to send him videos of her masturbating and engage in group sex with strippers and other couples, which she refused to partake in. | |
| Then, according to the lawsuit filed in the district court for the central district of California, on the evening of 26 August 2013, she arranged to go over to Rose’s house with her friend, Jessica Groff. The driver sent to pick them up was three hours late, and Doe drank vodka while she waited, and then drank a small bottle of red wine in the car. After meeting Rose, Allen and Hampton at Rose’s home, the group drank tequila shots. | Then, according to the lawsuit filed in the district court for the central district of California, on the evening of 26 August 2013, she arranged to go over to Rose’s house with her friend, Jessica Groff. The driver sent to pick them up was three hours late, and Doe drank vodka while she waited, and then drank a small bottle of red wine in the car. After meeting Rose, Allen and Hampton at Rose’s home, the group drank tequila shots. |
| Doe was stumbling around intoxicated and so drunk that she picked up a boiling-hot rock from beside a fireplace, burning her hand badly, according to witness statements from Groff and Doe. Groff felt uncomfortable after Allen told her to remove her clothes and she refused and he told her to leave, so she left Rose’s home and put Doe in a cab home as she was worried about her, according to her deposition. | Doe was stumbling around intoxicated and so drunk that she picked up a boiling-hot rock from beside a fireplace, burning her hand badly, according to witness statements from Groff and Doe. Groff felt uncomfortable after Allen told her to remove her clothes and she refused and he told her to leave, so she left Rose’s home and put Doe in a cab home as she was worried about her, according to her deposition. |
| The taxi driver had to help walk Doe to her apartment door, according to court documents. Doe and Rose sent each other text messages that night after she left. Doe said she had left a sex toy at his house and gave Rose her address to come to her house. He tried to convince her to return, but she declined. Shortly after 2am, she fell asleep and stopped responding to messages and calls, seemingly unaware that multiple men were on the way to her home. | The taxi driver had to help walk Doe to her apartment door, according to court documents. Doe and Rose sent each other text messages that night after she left. Doe said she had left a sex toy at his house and gave Rose her address to come to her house. He tried to convince her to return, but she declined. Shortly after 2am, she fell asleep and stopped responding to messages and calls, seemingly unaware that multiple men were on the way to her home. |
| At around 2.50am, Rose, Hampton and Allen arrived at her apartment and texted her: “Hello”, “We outside”, and “Wake yo ass up”. It is disputed whether Doe let the men into her apartment or whether they forced their way in. Then, all three had sex with her. | At around 2.50am, Rose, Hampton and Allen arrived at her apartment and texted her: “Hello”, “We outside”, and “Wake yo ass up”. It is disputed whether Doe let the men into her apartment or whether they forced their way in. Then, all three had sex with her. |
| In Rose’s deposition, he said the knowledge that they were going over to Doe’s home to have sex was understood between the men: | In Rose’s deposition, he said the knowledge that they were going over to Doe’s home to have sex was understood between the men: |
| Q: Did either Mr Hampton or Mr Allen tell you why they wanted to go to Plaintiff’s home on the night in question? | Q: Did either Mr Hampton or Mr Allen tell you why they wanted to go to Plaintiff’s home on the night in question? |
| Rose: No. No. | Rose: No. No. |
| Q: So they just said, ‘Hey, it’s the middle of the night. Let’s go over to Plaintiff’s house’ and they never gave you a reason why they wanted to go over there?’ | Q: So they just said, ‘Hey, it’s the middle of the night. Let’s go over to Plaintiff’s house’ and they never gave you a reason why they wanted to go over there?’ |
| Rose: No, but we men. You can assume. | Rose: No, but we men. You can assume. |
| Q: I’m sorry? | Q: I’m sorry? |
| Rose: I said we men. You can assume. Like we leaving to go over to someone’s house at 1[am]. There’s nothing to talk about. | Rose: I said we men. You can assume. Like we leaving to go over to someone’s house at 1[am]. There’s nothing to talk about. |
| The details from the original filing last August are graphic, explaining how Doe remembers flashes of the incident, including her realization that three men were in her bedroom with her. | The details from the original filing last August are graphic, explaining how Doe remembers flashes of the incident, including her realization that three men were in her bedroom with her. |
| She recalls Defendant Rose walking towards her bed, lifting her dress and penetrating her. She recalls feeling extremely sick and very dizzy and attempting to roll over as she was gagging and nauseous. | She recalls Defendant Rose walking towards her bed, lifting her dress and penetrating her. She recalls feeling extremely sick and very dizzy and attempting to roll over as she was gagging and nauseous. |
| That day she texted Rose saying she was hungover and hadn’t made it to work and that he had not paid her back for a sex toy. He responded only to clarify bank account details. | That day she texted Rose saying she was hungover and hadn’t made it to work and that he had not paid her back for a sex toy. He responded only to clarify bank account details. |
| Doe explained on Thursday that she texted him trying to make sense of what had occurred the night before. | Doe explained on Thursday that she texted him trying to make sense of what had occurred the night before. |
| “I wanted him to be like, ‘I’m hurting too, I don’t know what happened, my friends gave me too much to drink.’ I wanted him to respond and tell him he was in as much pain as I was,” she said. | “I wanted him to be like, ‘I’m hurting too, I don’t know what happened, my friends gave me too much to drink.’ I wanted him to respond and tell him he was in as much pain as I was,” she said. |
| Later that night she texted “what happened” and “my hand bubbled up from the burns I was so wasted”. Rose did not reply. Days later she texted again saying his actions had “made me lose faith in you, I’m discovering what your intentions were that night”. | Later that night she texted “what happened” and “my hand bubbled up from the burns I was so wasted”. Rose did not reply. Days later she texted again saying his actions had “made me lose faith in you, I’m discovering what your intentions were that night”. |
| A week and a half later, Doe sent a text to Allen that said: | A week and a half later, Doe sent a text to Allen that said: |
| [Y]all knew I wasn’t in my right state of mind. I was intoxicated and u guys were sober and could have stopped at any time. I had to look back at my text messages to get an idea of why all of u showed up at my home I after I was already safe sleep in my bed. I hope that never happens to any of your loved ones. God bless you. | [Y]all knew I wasn’t in my right state of mind. I was intoxicated and u guys were sober and could have stopped at any time. I had to look back at my text messages to get an idea of why all of u showed up at my home I after I was already safe sleep in my bed. I hope that never happens to any of your loved ones. God bless you. |
| In June, Rose’s team argued that Doe’s photos of herself on social media mean she shouldn’t be allowed anonymity, declaring in court documents: | |
| Of special note, Plaintiff is publicly portraying herself as sexual. The production includes photos from Plaintiff’s Instagram account that are sexual in nature. In these images, Plaintiff is dressed in provocative attire, is in sexually suggestive poses, and is in photographs indicating that she engages in sexually charged encounters with more than one man at a time. | Of special note, Plaintiff is publicly portraying herself as sexual. The production includes photos from Plaintiff’s Instagram account that are sexual in nature. In these images, Plaintiff is dressed in provocative attire, is in sexually suggestive poses, and is in photographs indicating that she engages in sexually charged encounters with more than one man at a time. |
| But that argument was shut down quickly by the court, which ruled: | But that argument was shut down quickly by the court, which ruled: |
| The Court is uncertain what to make of this reasoning. Defendant Rose appears to suggest that women who publicly portray themselves as ‘sexual’ are less likely to experience embarrassment, humiliation and harassment associated with gang rape. Such rhetoric has no place in this Court. No matter how Plaintiff chooses to depict her sexuality on social media, her allegations of rape entitle her to the protections of anonymity. | The Court is uncertain what to make of this reasoning. Defendant Rose appears to suggest that women who publicly portray themselves as ‘sexual’ are less likely to experience embarrassment, humiliation and harassment associated with gang rape. Such rhetoric has no place in this Court. No matter how Plaintiff chooses to depict her sexuality on social media, her allegations of rape entitle her to the protections of anonymity. |
| On 19 September in a pre-trial conference, the court will decide if Jane Doe is allowed to remain anonymous during the trial. | On 19 September in a pre-trial conference, the court will decide if Jane Doe is allowed to remain anonymous during the trial. |