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NBA player Derrick Rose and two friends found not guilty over gang rape

The NBA star was sued for $21.5 million by Jane Doe over an alleged gang rape by him and two friends in August 2013

Rachael Revesz
New York
Wednesday 19 October 2016 21:22 BST
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Rose enters the LA court room in October
Rose enters the LA court room in October (AP)

Derrick Rose has been found innocent of raping an intoxicated and unconscious woman in her apartment along with two male friends.

The NBA star and his two friends, Randall Hampton and Ryan Allen, denied the accusations that they had drugged the accuser, Jane Doe, at a party in August 2013 before arriving later that evening at her apartment, breaking in and gang raping her.

They had been charged with battery, sexual battery and trespassing. They have been cleared of all charges.

The Los Angeles jury, consisting of six women and two men, reached their unanimous verdict after three hours and 45 minutes..

Rose’s lawyers insisted the case had not been a “rape” case and Jane Doe had invited the men over to have sex, and let them into her apartment. They also said the plaintiff was simply trying to get money from their famous client.

They filed another motion to dismiss the case earlier this week, after Doe’s lawyers put her ex-flatmate, Marcella Carleo, on the stand and she talked about a bloody blanket and condoms found in Doe’s room the next day, which reportedly violated a court order. She was supposed to talk about the conversation she had with Doe on the day of the alleged rape.

In the closing arguments on Tuesday, Doe had to answer questions about text messages that her lawyers had failed to submit earlier in the trial, prompting Rose’s lawyers to ask for a mistrial. The judge denied the request last week, but said Doe could be questioned about them.

The defense lawyers questioned some of the sexual language in the messages, a theme they had exploited throughout the case, when they earlier pointed to the alleged victim’s social media accounts and accused her of portraying herself in a “sexual” manner.

The US district judge, Michael Fitzgerald, made the ruling for the plaintiff to drop her anonymity in September after a year-long battle.

He said the law was “very clear on the issue” and he would not close his court room to protect her identity.

Ms Doe told ThinkProgress she wanted to remain anonymous was to protect her elderly parents who still did not know about the alleged assault.

The judge did not agree that the plaintiff’s manner on social media was a valid argument, but also said he would not agree to shut down his court room to protect her identity and therefore cause speculation that he was biased in her favour.


 New York Knicks player Derrick Rose arrives at U.S. District Court in downtown Los Angeles. 
 (AP)

The NBA star’s lawyers added that media restrictions were unnecessary as the media had “lost interest” in the case.

Ms Doe chose to pursue her case and to not settle.

In June, Rose’s lawyers filed another motion for the case to be thrown out. It was rejected by the judge, who was concerned as to whether Ms Doe had consented to sexual intercourse.

Rose and Ms Doe had been dating for a year and a half in a non-exclusive relationship.

Rose allegedly pressured Ms Doe into sending him naked videos, to masturbate on Skype and asked her to buy a sex toy, according to court documents. He also allegedly requested she join him in group sex, which she had refused.

On the night of the alleged rape, the woman had a blood alcohol level of 2.5 times the driving limit.

Her friend, Jessica Groff, who went with her to a party at Rose’s house earlier that night, said it was “very obvious” that she was intoxicated. She escorted her friend home as she claimed it was “not safe” to leave her alone at the party.

Doe and Ms Rose sent text messages that night. Rose came over with his two friends to pick her up in a taxi and take her back to the party. Court documents show the plaintiff stopped responding to text messages and calls by the time they had arrived at her house.

In the morning, she said she woke up in a messy bed covered with lubricant.

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