Kurt Helin

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)
Associated Press

She said, they said: Derrick Rose case boils down to consent


LOS ANGELES (AP) — Months before Derrick Rose took the stand to defend himself in the lawsuit claiming he and two buddies gang raped an ex-girlfriend while she was intoxicated, the NBA star was asked if he understood the word consent.

“No. But can you tell me?” he asked at a deposition in June.

Rose came to court last week with a much better grasp of the word that is central to the $21 million civil case, though his interpretation of the concept could still prove costly.

No one disputes Rose and his childhood friends had sex with the woman in her apartment Aug. 27, 2013. The question is whether she consented – as the men claim – or whether she was too incapacitated to do so – as the ex-girlfriend says.

There is no commonly accepted definition for consent, which is at the heart of a “patchwork quilt” of evolving laws on rape and sexual assault that in some cases require an affirmative agreement before sex, attorney Rebecca O’Connor said.

“It is murky and I think that’s where we’re seeing a lot states try to clear the weeds, if you will, and take this on and make it clear,” said O’Connor, a vice president at the Rape, Abuse & Incest National Network. “It’s so complicated we can never just say it’s black and white.”

Rape was once defined as intercourse with force against a woman’s will, said Matt Lyon, a law professor at Lincoln Memorial University. Reform efforts in some states led to rape being defined more by the non-consent of the victim than a use of force by the perpetrator. States such as California have gone steps further in deciding consent can be withdrawn during sex and that a victim can be too incapacitated to agree to the act.

“One of the big criticisms against the modernization is the `he said, she said,”‘ Lyon said. “It’s so easy when it’s clear there was force used, but here the woman may say it was rape though there’s no physical evidence of force or that it was done against her will.”

That is the situation in the Rose case, where the woman said she blacked out and felt drugged after a night of drinking and hanging out at Rose’s Beverly Hills mansion. With no physical evidence, the case hinges as much on her credibility as that of the three men.

The woman said she went home from Rose’s, vomited, and woke up around 3 a.m. to find Rose, Ryan Allen and Randall Hampton having sex with her against her will.

Rose may have been tripped up by the word consent in his videotaped deposition, but he tried to recover at trial by defining it as both parties being in agreement. He also connected dots he felt outlined consent, including the ex-girlfriend’s racy texts that started 17 hours earlier saying he made her “horny.”

“Maybe she sent suggestive texts or emails, but that doesn’t prove she consented to it at the time,” said Evan Lee, a law professor at the University of California, Hastings College of Law. “A woman may be willing to have sex 23 hours in the day, but if he has sex in that 24th hour when she’s not willing, then that’s rape if he knows she doesn’t want to.”

Rose assumed consent based on their sexual history, the fact she had never denied him and because of sex acts she initiated with him and his friends at the Beverly Hills house earlier in the night, he testified. He and his friends all said the woman seemed sober and she willingly participated in sex.

The Associated Press is not naming her because it generally does not identify people who say they are victims of sexual assault.

The topic of consent and whether someone is too incapacitated to agree to sex have been part of a national discussion after allegations that Bill Cosby drugged and molested dozens of women over decades and after outrage over a six-month sentence for ex-Stanford swimmer Brock Turner, who sexually assaulted a passed-out woman.

The topic has even crossed into the presidential campaign with a recording surfacing of Republican candidate Donald Trump bragging about grabbing women’s genitalia and several women accusing him of groping them.

“People are starting to recognize that even if they didn’t fit whatever mythological circumstance people think needs to happen in order for it to be rape or sexual assault, that there is in fact that gray area where it’s still nonconsensual,” O’Connor said. “Even if you wore a skirt or you didn’t outwardly force someone off you, this may legally fall into the realm of sexual assault.”

Kyle Lowry on how Raptors can beat Cavaliers: Get home court. That or stop LeBron.

TORONTO, ON - MAY 23: Kyle Lowry #7 of the Toronto Raptors reacts after a three point basket in the second quarter against the Cleveland Cavaliers in game four of the Eastern Conference Finals during the 2016 NBA Playoffs at the Air Canada Centre on May 23, 2016 in Toronto, Ontario, Canada. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement.  (Photo by Tom Szczerbowski/Getty Images)

The conventional wisdom around the NBA is in the East there is Cleveland, then there is everybody else. Toronto is one of those teams on the next tier, but it’s a big step down.

But the Raptors had just one fewer regular season wins than the Cavs, then pushed them to six games in the postseason. They don’t see themselves as that far back of the champs.

David Aldridge of NBA.com asked Kyle Lowry what the Raptors need to do to get over the top.

Me: So what do you have to do to beat that team two more times?

KL: Stop LeBron. Stop Kyrie.

Me: A little easier said than done.

KL: I think it’s just focus, and being better. Take the experience of what they did to us and learn from it. We couldn’t win a game (in Cleveland) in the playoffs, couldn’t get close. We have to find a way to win a game on the road, especially them having the one seed. But maybe our chance is to get that one seed. That would help, to have home court advantage. But for us even to get to that point, we have to start somewhere, and it starts in Detroit on opening night.

Assuming LeBron James is healthy, I don’t know that the Raptors can get past the Cavaliers. Or any other team in the East, for that matter.

But what would the Raptors’ need to take that step? DeMarre Carroll to be healthy. Lowry himself to shoot better. Jonas Valanciunas to be an unstoppable force inside. Home court. A couple of fortunate bounces.

Still not sure that’d be enough.

Matthew Dellavedova trick shot? We got that.

MELBOURNE, AUSTRALIA - JULY 11:  Matthew Dellavedova poses Mission during the Australian Olympic Games Men's Basketball team announcement at Melbourne Sports and Aquatic Centre on July 11, 2016 in Melbourne, Australia.  (Photo by Quinn Rooney/Getty Images)
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Matthew Dellavedova got paid to jump from the champs to Milwaukee and take on a bigger role with a young, up-and-coming Bucks team.

He’s got the ball in his hands more at certain points, and it’s the preseason, so sometimes he’s getting himself in positions he’s not used to. Monday night that led to a circus shot against the Pistons and… damn.

Dellavedova has been about what you’d expect of him in the preseason — gritty, shooting well enough that you need to respect him, and hustling. He’s going to have to work off the ball more as Giannis Antetokounmpo plays the point-forward, but he is used to that from his time in Cleveland.

Jason Kidd trusts him. Probably not to take many more of those shots, however.

Anthony Davis posts ad on Craigslist looking for personal assistant (and finds him… sorta)

NEW ORLEANS, LA - APRIL 08: Anthony Davis #23 of the New Orleans Pelicans watches action during a game against the Los Angeles Lakers at the Smoothie King Center on April 8, 2016 in New Orleans, Louisiana. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by Stacy Revere/Getty Images)
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UPDATE Oct. 19: Anthony Davis found his assistant — TonyBot.

This was all part of a new Red Bull campaign with Davis as the star, you can check out the video here. The idea is a pseudo-Davis robot that becomes his assistant.

Oct. 17: Well, he could be looking for far worse things on Craigslist.

Like many a millennial, when Anthony Davis wants or needs something, he takes a look at Craigslist. So when he decided he needed a personal assistant, well, he posted this ad.

Anthony Davis craigslist

If you’re thinking this is a hoax, know Davis linked to this from his Facebook page. So it’s legit. Or an intricate hoax/play that he is in on.

If you’re thinking of applying, you need to live in New Orleans, be a good dresser, should be at least 6’5″, and some hoops skills would help, as would having a unibrow. That certainly narrows down the talent pool.

(Hat tip Extra Mustard at SI)

Pelicans add rookie forward Quincy Ford to preseason roster

PITTSBURGH, PA - MARCH 19:  Quincy Ford #12 of the Northeastern Huskies plays against the Notre Dame Fighting Irish during the second round of the 2015 NCAA Men's Basketball Tournament at Consol Energy Center on March 19, 2015 in Pittsburgh, Pennsylvania.  (Photo by Justin K. Aller/Getty Images)
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METAIRIE, La. (AP) — The New Orleans Pelicans say they’ve signed swing player Quincy Ford to their preseason roster.

The 6-foot-8 Ford, an undrafted rookie out of Northeastern, is expected to see playing time at shooting guard and small forward.

Ford played for the Utah Jazz’s summer league team. He averaged 5.1 points, 5.2 rebounds and an assist in eight games.

During his college career, he averaged 12.5 points, 5.7 rebounds and 1.9 assists.

Ford’s signing brings New Orleans’ preseason roster to 20 players.

The Pelicans resume preseason play Tuesday night in Atlanta.