Who is Derrick Rose Now?
Back in August Last Word on Sports reported on the upcoming trial of former NBA MVP and New York Knicks player Derrick Rose. There were curious testimonies from a roommate, a legitimate relationship between victim and accused, some motions to dismiss text messages, attempts to reveal identities, a reluctance to hurt Rose’s image, and finally a judge deciding there was enough evidence to go to trial in civil court.
As the court date nears, other news outlets have sent their own reporters to investigate the matter. Due to their efforts, this case has become even more disturbing. First, it is important that this trial and accusation occurred in the State of California. California has recently come under scrutiny for the Brock Turner rape case at Stanford. As a result, the public became even more aware that the laws surrounding rape are rather complex.
California Laws
“Rape” as defined by California law is covered in Penal Code 261 PC. When an individual engages in sexual intercourse with another person and certain conditions are met.
The sexual intercourse needs to be either against that person’s will, or without that person’s consent.
These are defined by the following:
- Physical force.
- Duress
- Menace (a threat, declaration, or act that shows an intention to inflict an injury upon another).
- Fear of bodily harm to oneself or to another.
- Fear of retaliation
- Fraud—because the accused either (1) fraudulently convinces the alleged victim that they are married, or (2) fraudulently convinces the alleged victim that the sexual act serves a “professional” purpose even though it does no such thing.5
California Consent Laws
Lack of consent:
- too intoxicated to consent to the activity
- unable to give consent due to a mental disorder or physical disability which the accused knew or reasonably should have known about, or
- unconscious about the nature of the act(because he/she was either asleep, unconscious, or fraudulently induced into having sexual intercourse — and the accused knew or reasonably should have known that this was the case)
Prosecutor Requirements
Under Penal Code 261 PC, the prosecutor must prove four facts (“elements” of the crime):
- engaged in sexual intercourse with another person (any penetration will suffice, regardless of how slight ),
- not married to the person at the time (if you were, it would be a separate crime known as “spousal rape”),
- other person “did not consent” to the intercourse, and
- One of the means listed in Section 1.
Civil Case vs Criminal Law
In civil court, what is at stake are monetary damages. If Knicks player Derrick Rose is found guilty he will have to pay his accuser; otherwise known as Jane Doe. The majority of the evidence in the case is going to consist of messages, potential video, and witness statements. In theory, Rose could still be charged with a criminal offense under California Law. Jane Doe has expressed her desire not to see that happen.
The Timeline of Events
According to the timeline during their relationship, Rose was continuously ask for group sexual acts and Skype masturbation videos. Jane Doe refused citing faith based reasons.
Later after several other refusals Jane Doe texted:
u are clearly showing me our relationship is based on your sexual fantasies.
Rose later ended the relationship reportedly texting her:
We good but I’m not messing with u like that anymore
The evidence uncovered by the investigation shows Jane Doe as not as sexually adventurous as Derrick Rose wished.
— myles brown (@mdotbrown) September 2, 2016
these are facts. and they're not alleviating ANY concerns. pic.twitter.com/yXeKPbkpMY
— myles brown (@mdotbrown) September 2, 2016
Alleged Night Events
On the night in question, Jessica Groff and Jane Doe, who at the time was not with Derrick Rose, were at a party at Rose’s Beverly Hills residence. According to an eye witnesses, Jane Doe drank enough to be considered intoxicated. She also claims her drinks were drugged. After leaving the party, Rose and Jane Doe continued to text message each other. From Blacksportsonline.com:
According to police, several phone calls by Rose’s entourage were placed for Jane Doe but none were picked up. Jane Doe alleges she threw up and passed out.
12. His accusers claim she was unconscious when Rose & his friends arrived by texts & calls https://t.co/mCmacIIxzn pic.twitter.com/W7Ll1Cv0gI
— Judd Legum (@JuddLegum) September 1, 2016
Rose was asked by police why he and several men went over to Jane Doe’s house. According to the police transcript, Rose stated the following: “We men. You can assume.”.
11. Rose's own testimony is quite frightening. Especially this part https://t.co/mCmacIIxzn pic.twitter.com/SOzuyuCf47
— Judd Legum (@JuddLegum) September 1, 2016
Furthermore, Rose’s main defense argument to the court was that sexually promiscuous or those who portray themselves as sexual, cannot or are less likely to experience negative emotions due to sexual assault. The court dismissed Rose’s defense strategy.
14. The court was not impressed by Rose's argument. https://t.co/sjB8wkVdIR pic.twitter.com/XJRlWngD5y
— Judd Legum (@JuddLegum) September 1, 2016
The court allowed Jane Doe to continue with her civil case against Derrick Rose. Rose’s defense is focused on the notion that Doe is only targeting him due to his wealth.
As this case progresses, the text messages from Derrick Rose are becoming increasingly more disturbing.
https://twitter.com/NeciaBelle_/status/771489517694058496
Last Word On Sports will have more on this case as it develops.
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