![FILE - In this Thursday, Oct. 6, 2016, file photo, New York Knicks basketball player Derrick Rose arrives at U.S. District Court in downtown Los Angeles. The lawsuit alleging NBA star Rose and his friends raped an incapacitated woman is all about consent. Jurors who return to court Tuesday, Oct. 18, for the civil trial will have to determine whether the woman agreed to sex or was too incapacitated to do so. (AP Photo/Damian Dovarganes, File)]()
FILE – In this Thursday, Oct. 6, 2016, file photo, New York Knicks basketball player Derrick Rose arrives at U.S. District Court in downtown Los Angeles. The lawsuit alleging NBA star Rose and his friends raped an incapacitated woman is all about consent. Jurors who return to court Tuesday, Oct. 18, for the civil trial will have to determine whether the woman agreed to sex or was too incapacitated to do so. (AP Photo/Damian Dovarganes, File)
Jane Doe Wants New Set Of Eyes On Gang Rape Case
The woman who sued – and lost – a federal civil gang rape case against New York Knick Derrick Rose and his two friends isn’t walking away from the court battle.
The alleged victim has filed paperwork to appeal the jury’s not guilty verdict, and the case is now making its way through the courts, BOSSIP has learned. The plaintiff filed paperwork in the U.S. Court of Appeals late last year to have the case overturned, but Rose’s lawyer blasted her appeal as “meritless.”
The woman – identified in court papers as “Jane Doe” – sued Rose and his two friends, Ryan Allen and Randall Hampton, for drugging her and then gang raping her while she was unconscious inside her apartment in 2013.
The NBA star fired back at the lawsuit, claiming the woman was a gold digger who consented to sex with the three men and was only upset with him because he didn’t reimburse her for sex toys used during the night in question. Rose said in court docs said that once he started ignoring her texts she got even angrier with him. He demanded the entire suit be thrown out and the woman not be awarded a dime.
The high-profile case was contentious from the beginning. Details of the baller’s sex life were revealed, and it also emerged that his co-defendant Ryan Allen seemed to be obsessed with sex workers- contacting several in the days following the alleged rape.
On the other hand, Rose said the alleged victim slept with another NBA player and partied in Vegas just weeks after the alleged assault.
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A jury later cleared Rose, Hampton and Randall of any wrongdoing in October 2016.
The alleged victim thought that the verdict was unjust, so she is now seeking to have to have the case looked at again by the appellate court. Appeals are filed based on legal procedural error, and it was unclear Friday what the basis of the woman’s appeal was, however, according to court docs, the nature of the suit is “assault, libel and slander.”
Rose’s lawyer, Mark Baute, said he was confident that the appellate court would side with his client.
“She made up her story and kept changing her story during cross-examination, and none of the eight jurors (six of whom were women) believed her,” Baute told BOSSIP in a statement. “We were very respectful of her rights and of the rape shield statute throughout the trial, not once did we mention her real name, and our entire trial team supports the rights of real victims. This Jane Doe is not a real victim, she is just someone who consented to intercourse and then tried to make up a fake story to get millions of dollars. Her appeal is frivolous and will be rejected by the court of appeal.”
Both sides agreed that their differences couldn’t be mediated out of court.
The alleged victim will have until May 1 to file a brief outlining her case. Then, Rose, Allen and Hampton will have 30 days to respond.
We’ve reached out to Jane Doe’s lawyer for comment.
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