LOS ANGELES (AP) — A federal judge has refused to dismiss a lawsuit alleging New York Knicks player Derrick Rose and two friends drugged and gang-raped a woman.
On Wednesday, federal Judge Michael W. Fitzgerald said a jury must decide whether to believe Rose’s contention that the woman, a former lover, consented to group sex at her home in 2013.
The case could now go to trial in October, when Knicks training camp gets underway.
Messages left for Rose’s agent, B.J. Armstrong, were not immediately returned Saturday.
According to court records, the woman had been drinking at Rose’s Beverly Hills, California, home, and a friend helped her return home, where she vomited and fell asleep.
The woman’s $21.5 million sexual battery lawsuit contends that Rose and the other two defendants entered her apartment the next morning and raped her.
The woman believes that an unknown drug was slipped into her drink at Rose’s home, and she “did not do any pregnancy tests or a rape kit because she was terribly ashamed and embarrassed,” according to her lawsuit.
Rose has denied the allegations, and his lawyer has labeled the lawsuit an extortion attempt.
Defense court filings contend that the woman consented to the sex acts, invited the men to her apartment and buzzed them in through security.
In denying Rose’s request to toss out the lawsuit, the judge said Rose’s version of events “could well convince a reasonable jury,” but there was substantial disagreement over the facts and a jury also could conclude the opposite.
Rose, 27, was the NBA’s 2011 MVP with the Chicago Bulls, but he has struggled with knee injuries and was traded to the Knicks in June.
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