Watson accusers ordered to come forward
QB’s lawyers claim sex acts were consensual after judges rule women must be identified
Deshaun Watson’s attorneys launched their most extensive defense of the Texans quarterback on Friday, claiming any sexual acts were consensual just hours after two judges ruled that the massage therapists suing him for sexual assault and harassment must be identified in public court documents.
Lawyer Rusty Hardin doubled down on his criticism of mediasavvy lawyer Tony Buzbee, who filed lawsuits one by one on behalf of nearly two dozen anonymous “Jane Doe” accusers. Hardin called the lawsuits a “new model for extortion,” and attorney Letitia Quinones said 25-year-old Watson was targeted after signing a $160 million contract last year. He requested a trade from the Texans in January.
Two district judges ordered that four of Buzbee’s clients identify themselves in accordance with state law, and Buzbee told one of the judges that nine other women already agreed to identify themselves. By the end of Friday, 14 of the 22 women with lawsuits volunteered or were ordered to drop their pseudonyms.
“Identifying these women at this point adds even more credibility to the allegations being made, and I am proud to stand with these brave and courageous women,” Buzbee said.
The alleged assaults occurred mostly in Houston, although Watson also is accused of civil assault in Arizona, California and Georgia. In one instance, a woman said he flew her from Georgia to Houston for a massage. Three women claim he forced or coerced oral sex, and most of the women allege
he exposed himself to them or asked them to touch him inappropriately.
While Hardin denied those accounts, he said Watson has been receiving two to three massages a week for four years. The allegations stem from 2020 and 2021, possibly because the massage industry has changed over the course of the pandemic. Because so many spas closed, massage therapists have turned to Instagram for marketing and bookings, he said.
Watson sets up his appointments through Instagram because he didn’t have a large team of massage therapists at his disposal through the Texans, his lawyers added.
Four female attorneys who stood by Hardin at the news conference clarified that they wholeheartedly believe Watson, they said.
Quinones added, however, “I don’t discount anything that a young woman believes happens to her.”
Hardin conceded that good men are capable of doing bad things, while sexual assault survivor advocates have raised issues with defenses that characterize perpetrators as “good guys.”
Since Watson began facing lawsuits, 18 other massage therapists also have come forward with positive testimonials about their work experience with the football player. Those women were not sought out, Hardin said.
The quarterback is “dumbfounded” at the claims and now has trouble sleeping and eating, his attorneys said.
Hardin and his team have not heard from the police or the NFL, he said.
Emergency hearings
Buzbee has two business days to refile several of the cases against Watson, with the previously undisclosed names made public.
State District Judge Dedra Davis granted Hardin’s request even after Buzbee suggested a private disclosure to Hardin for the women, who were initially all listed as “Jane Doe.”
A second judge, Rabeea Collier, made the same determination in the cases of three other women late Friday morning. Nine women who were supposed to part of the hearing agreed that Buzbee could release their identities, and the woman in Davis’ court was “emboldened” and told Buzbee not to fight the judge’s decision, he said. Buzbee told Hardin that he also would release a 14th woman’s name, allowing them to cancel the emergency hearing in her case Friday afternoon.
Hardin has lambasted Buzbee for holding a “trial by press conference” and making it difficult for Watson to respond to the 22 separate accusations without knowing who filed suit.
Hardin added that Watson has rights that need to be upheld.
“It is not only the accuser that is entitled to fair treatment, the accused is, and that has been totally ignored,” he said during the first Friday morning hearing.
Buzbee countered that the name “Jane Doe” is used as common practice in sexual assault cases, and the lawsuits were detailed enough with dates, locations and times that Hardin should have been able to properly investigate. Still, after Hardin told him he wanted to hold emergency hearings on identification, Buzbee said he wanted to compromise with a confidential agreement that would have protected the women as well as Watson’s concerns.
Buzbee said that although he would concede to Collier’s and Davis’ orders with the support of many of the women, he feels women’s protections in sexual assault civil cases lag behind their counterparts in criminal court.
“I believe the Texas Legislature has failed women who are brave enough to come forward,” he said.
Ashley Solis, the first woman to publicly identify herself at a Tuesday news conference, has received numerous death threats on social media, Buzbee said. A second woman also was named at the event.
Davis agreed that both parties needed fair treatment and that the women needed to be protected. But she agreed with Hardin that Buzbee’s use of publicizing the case in the media hurt his arguments.
“Everything’s been thrown into the spotlight,” she said. “I understand that you said in private you will allow the accuser to be known, but it’s been very public.”
Annie McAdams, a Houston plaintiff’s attorney with a large docket of Jane Does in human trafficking cases, said Hardin was factually correct — he does have a right to know who is accusing his client of sexual misconduct. But it is unusual that the two parties couldn’t find a middle ground, which would have meant disclosing the names privately under a confidentiality order, she said.
Judges usually rely on the parties to come to that agreement, although McAdams said she has seen some use their own discretion to invoke those confidentiality orders.
“There is a mechanism that also protects the victims,” she said. “It’s unfortunate to see it has gotten to this.”
Jane Doe pseudonyms are routinely used in sexual assault civil cases, McAdams said.
‘Very chilling effect’
Most women have legitimate reasons for not wanting to be named in civil lawsuits, said Camille Cooper, vice president of public policy for the Rape, Abuse & Incest National Network. Sexual assault is a private and emotional experience, and women fear for their safety, she said.
“It’s not appropriate to force the identity of the victim into the public without their consent,” she said. “It would have a very chilling affect on survivors coming forward and reporting sexual assault.”
Tahira Khan Merritt, a Texas attorney who litigates civil sex assault cases, said attempts to prohibit pseudonyms in the cases raised a red flag about Hardin’s intentions.
“At this stage, there’s no reason other than to intimidate other victims from coming forward,” she said.
Hearings remain to be scheduled on the same issue in eight other cases.