Monday, April 15, 2024

Choose will not dismiss Dwight Howard sexual assault swimsuit [Update]

Up to date Feb. 23: A Georgia choose denied former NBA heart Dwight Howard’s try to dismiss a sexual assault and battery lawsuit filed in opposition to him, in keeping with a submitting obtained by ESPN.

“My remark, at the moment, is that we’re glad the courtroom denied Mr. Howard’s movement and look ahead to proving our shopper’s case,” legal professional Olga Izmaylova, who represents accuser Stephen Harper, mentioned to ESPN.

Harper accused Howard of sexually assaulting him throughout a July 2021 assembly at Howard’s residence in Georgia. Howard’s legal professional has repeatedly alleged that the encounter, which was mentioned to contain a 3rd individual, was consensual.

The case continues to be within the discovery part. No trial has been scheduled at current.

“Justice will prevail and we absolutely belief in our justice system and the method,” Justin Bailey, one among Howard’s attorneys, advised ESPN. “This order is part of the method. We are going to have interaction in discovery and can additional show our case and when the time is correct we’ll let our future pleadings communicate for themselves.”

Along with the denial of the movement to dismiss, the Gwinnett County choose additionally dominated to seal an exhibit filed in December 2023 that Howard’s protection workforce argued was embarrassing, sexually express texts, in keeping with ESPN.

Former NBA star Dwight Howard is asking for the bombshell lawsuit accusing him of sexual assault and battery to be dismissed.

Howard’s attorneys declare that the encounter between their shopper and Stephen Harper engaged in a consensual encounter involving a 3rd individual at Howard’s Georgia residence in July 2021, in keeping with a Thursday submitting that was obtained by ESPN.

Harper filed a lawsuit in July alleging that Howard and Harper started corresponding by way of Instagram direct messages, with Harper initiating the trade. Harper accused Howard of sexually assaulting him on the latter’s residence in the course of the subsequent July 2021 encounter.

Within the unique submitting, Harper included alleged screenshots of messages exchanged between Harper and Howard from 2021, together with an Uber receipt to Howard’s home on the night time of the incident.

Howard denied the allegations in October, asking the case to be dismissed.

Howard’s attorneys allege that key textual content messages had been deleted and never current in Harper’s preliminary grievance. The submitting, in keeping with ESPN, incorporates these new messages together with a number of that Howard’s attorneys declare are doctored.

“Briefly, the totality of the textual content messages between Mr. Howard and Mr. Harper make it abundantly clear that Mr. Harper’s claims are frivolous, that he was a keen participant within the occasions of July 19, 2021, and the early morning hours of July 20, 2021, and that the touching of his individual had been invited by him,” Howard’s attorneys write in Thursday’s submitting.

“Extra importantly, the express messages not solely present consent but additionally that Mr. Harper was initiating a few of the sexual contact. Mr. Harper not solely invited the preliminary expertise, however tried to provoke a second encounter as a result of the primary was so pleasing. As it’s undisputed that Mr. Harper consented to the touching between him and Mr. Howard, Mr. Harper’s claims essentially fail, and Mr. Howard is entitled to abstract judgment because the clear consent negates the important aspect of intent and the claims of Assault, Battery, False Imprisonment, and Intentional Infliction of Emotional Misery fall like a home of playing cards.”

Harper’s legal professionals didn’t instantly reply to ESPN’s request for remark.

Howard’s attorneys now declare, per the Thursday submitting, that the incident is “nothing greater than a basic case of unrequited love. After one consensual occasion collectively, Mr. Howard was not desirous about retaining Mr. Harper’s firm.”

The submitting additionally alleges that Howard acquired a number of calls for for fee, every from totally different authorized representatives over the course of a 12 months.

The 38-year-old Howard has lengthy been dogged by rumors concerning his sexuality.

Related Articles


Please enter your comment!
Please enter your name here

Latest Articles