Dismissal denied in Rose rape suit
A federal judge in Los Angeles denied Derrick Rose’s motion to dismiss the sexual assault lawsuit filed last year by the NBA star’s former lover, which means the case will likely go to trial in early October – just as Rose and his Knick teammates are scheduled to report to training camp.
U.S. District Judge Michael W. Fitzgerald denied Rose’s motion to dismiss Wednesday, saying in court papers that the athlete had failed to prove that the woman – identified in court papers as “Jane Doe” — had consented to sex with Rose and two friends in August 2013.
The lawsuit, which seeks $21.5 million in damages, claims that Rose, 27, and his friends drugged the woman, broke into her California apartment, and gangraped her.
The complaint, originally filed in state court and later transferred to federal court, said that Jane Doe did not go to the police immediately after the alleged assault because she didn’t want her family to know and was afraid of retribution from the men
Rose’s motion for summary judgment claimed that he’d had a prior relationship with his accuser, and attempted to use text messages to prove that the acts of the night in question were consensual. He has said that he is “very confident” that he will be proven innocent.
Still, the case is now set to go to trial, which could affect Rose’s status for training camp and possibly the preseason.