On Wednesday, October 12th, U.S. District Judge Michael W. Fitzgerald decided against declaring a mistrial in the civil rape case against NBA player Derrick Rose and his two friends Randall Hampton and Ryan Allen.
The plaintiff, an unnamed woman who was in a non-committed relationship with Rose, filed a civil rape case against Rose and the other two men on August 26th, 2015. She alleged that the three men drugged her at a party and later raped her inside her apartment on August 27th, 2013.
Reportedly, the woman and Rose texted each other throughout the night, and each attempted to make arrangements to see each other. When the woman refused to be picked up Hamilton and Allen to be taken to Rose’s house, the three men showed up at her apartment.
The woman alleges that she was in and out of consciousness during the night, but said that when she woke up in the morning her dress was lifted around her neck and she was covered in lubricant. She also alleges that used condoms were around the room.
Rose and the other two men have been charged with sexual battery and ordered to give $21 million to the plaintiff. However, Rose requested a mistrial because of three text messages that were not originally revealed. Rose’s legal team believes the texts could have shown the jury that the night in question was consensual and not an assault.
Although Fitzgerald agreed that the texts could have been “favorable to the defense,” he didn’t believe there was enough cause for a mistrial. Fitzgerald did allow, however, that the jury can be told of the error made by the plaintiff’s legal team. Also, Rose’s attorney’s may take the opportunity to question the plaintiff over the texts.
Rose and the other two men have not plead guilty the assault, and claim the sex was consensual. However, in his deposition, Rose did admit that the plaintiff never said anything in her texts that showed she was consenting to or suggesting group sex.
Text messages have been the main form of evidence throughout this trial. Another one of Rose’s defenses has been to attempt to ‘slut shame’ the plaintiff. According to the defense team, the plaintiff was the “sexual aggressor” because she purchased a sex toy the day of the assault. However, Rose explained in his deposition that he was the one who told the plaintiff to buy the sex toy.
In the beginning of the trial, the defense team claimed the plaintiff was attempting to extort money from Rose, and that she also did not deserve the right to hold anonymity during the trial.
According to Rose’s defense team, the plaintiff’s sexually suggestive social media posts warranted their request to have her name released to the media. Despite their arguments, the judge denied the defendant’s request for the plaintiff’s anonymity to be dismissed. The judge reportedly told the court that any person who claims sexual assault deserves the right and protection of anonymity.
The trial is ongoing.