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

derrick rose trial
Associated Press
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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 States such as California have gone steps further in deciding consent can be withdrawn during sex and that a victim can be too incapacitated to agree to the act.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.”

LeBron James NBA all-time scoring record tracker

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Kareem Abdul-Jabbar has held the NBA all-time scoring record at 38,387 points since he retired in 1989. It is one of the most iconic records in sports and one thought by many that would never be broken, but LeBron James is on the verge of breaking that scoring record and doing it at age 38. How many more points does LeBron need to take over the scoring record? When is it projected to happen? Let’s break down the latest numbers (this will be updated after every Lakers game until the record is set).

How many points does LeBron James need to set the scoring record?
117

Abdul-Jabbar career points: 38,387
LeBron career points: 38,271

Lakers’ upcoming schedule:

Jan. 30 at Nets
Jan. 31 at Knicks
Feb. 2 at Pacers
Feb. 4 at Pelicans
Feb. 7 vs. Thunder
Feb. 9 vs. Bucks

When is LeBron projected to set the all-time scoring record:

LeBron is averaging 30.2 points per game this season, at that pace he would set the record on Feb. 4 at the New Orleans Pelicans.

However, it wouldn’t be a surprise to see the record fall when LeBron returns to Los Angeles on Feb. 7 or Feb. 9.

News and notes on LeBron’s quest for the record:

• LeBron scored 41 points — and felt he should have had a couple more — in the Lakers’ overtime loss to the Celtics Saturday on national television.

• Sixers Doc Rivers on what impresses him in LeBron’s run to this record: “LeBron has done it so differently to me [thank Kareem]. Because LeBron is not a natural scorer. LeBron is a playmaker. He got criticized early in his career for making the right decisions. And the fact that he’s now about to break the scoring record, it really points out his greatness.”

• LeBron scored 20 points in the Lakers’ win over the Spurs, a game in which Anthony Davis returned from injury and Rui Hachimura made his debut as a Laker after being traded from the Wizards.

• What has Kareem Abdul-Jabbar said about LeBron passing his record? There has been a bit of frostiness between the two men, but Abdul-Jabbar was gracious in comments to Marc Stein back in 2021 about the possibility of his record falling: “I’m excited to see it happen. I don’t see records as personal accomplishments, but more as human achievements. If one person can do something that’s never been done, that means we all have a shot at doing it. It’s a source of hope and inspiration. Roger Bannister broke the four-minute mile back in 1954. Since then, not only have 1,400 runners beaten that time, but the new record is 17 seconds less. We all win when a record is broken and if LeBron breaks mine, I will be right there to cheer him on.”

Watch Harden run onto court from bench mid-play to defend

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It takes a second to notice, but the 76ers had just four players on the court trying to defend the Nuggets on a late third-quarter possession.

But when James Harden — sitting on the bench — notices it, he stands up and runs into play, drawing a technical.

The technical foul was for having four men on the court, not on Harden specifically.

While that may have been a rare instance of Harden rushing to play defense, the 76ers as a team cranked up their defense in the second half against the Nuggets and went on to get the home win behind 47 points from Joel Embiid.

LeBron livid over no foul call at end of regulation, Lakers fall to Celtics in OT

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“The best player on earth can’t get a call. It’s amazing.”

Lakers coach Darvin Ham made that comment out of frustration after another game where the Lakers felt robbed at the end. He wasn’t the only Laker.

LeBron James was once again brilliant — 41 points, nine rebounds and eight assists — but with the game tied against the Celtics and 4.1 seconds on the clock, he drove the lane and didn’t get the foul call when it clearly looked like Jayson Tatum hit him on the arm as he shot.

After the game, referee crew chief Eric Lewis admitted the officials missed the call:

There was contact. At the time, during the game, we did not see a foul. The crew missed the play.”

Patrick Beverley picked up a technical foul for bringing a photographer’s camera over to the referee to show evidence of the foul.

These losses are a punch to the gut for a Laker team with little margin for error and trying to make up ground in the West (at 23-27 they sit 13th in the conference). But LeBron sees a pattern — he is scoring 30.2 points per game (sixth in the league) but is getting to the line just 4.9 times per game, fewer than anyone else in the top nine in the league in scoring.

“I don’t get it. I’m attacking the paint, just as much as any of the guys in this league that’s shooting double-digit free throws a night, and I don’t get it. I don’t understand it,” James said postgame in Boston.

The other Lakers were a little more direct.

Boston pulled away in overtime to get the 125-121 win, snapping their own three-game losing streak.

LeBron finished with 41, Anthony Davis 16 (on 6-of-15 shooting off the bench) and Beverley had 15 including a key putback dunk. Jaylen Brown scored 37 for Boston, Tatum 30 and Malcolm Brogdon had 26 off the bench.

There are no moral victories for these Lakers more than halfway into the season, playing the team with the best record in the NBA close and almost winning does not count. Time is running out on LeBron and his team, they need to string together some wins. They felt they should have gotten the chance to win this one.

Watch Embiid score 47, lift 76ers past Jokic, Nuggets 126-119

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PHILADELPHIA (AP) — Joel Embiid won the battle of MVP candidates with 47 points and 18 rebounds as the Philadelphia 76ers extended their winning streak to seven games with a 126-119 win over Nikola Jokic and the Denver Nuggets on Saturday.

Jokic and Embiid have finished first and second in voting for the NBA’s Most Valuable Player award over the last two seasons. Both are among the top candidates for MVP as this season hits the halfway mark, although Embiid was not named among the All-Star starters from the Eastern Conference.

“I’m used to it and it’s not the first time,” Embiid said. “I think it’s more of a motivation to go out there and try to win the whole thing. That’s the only way that I’ll get that respect.”

Jokic gave Embiid a nod for his play.

“He’s really talented,” Jokic told the Denver Post of Embiid. “Really shifty.”

James Harden had 17 points and 13 assists, and Tobias Harris scored all 14 of his points in the second half after being shut down by Denver’s defense in the first half.

“We were able to figure some things out and get some stops,” Harris said. “Guys stepping up and making shots was huge for us to cut the deficit in the fourth quarter to try and make something happen.”

Jokic had 24 points, eight rebounds and nine assists for Denver, which has lost three of its last four games. Jamal Murray chipped in 22 points and Michael Porter added 20.

“We turned it over and they just turned up the pressure on us,” Nuggets coach Michael Malone said. “They got to the basket way too easy with their attack mentality. And we just got way too careless with the basketball.”

Embiid has scored 40 or more points nine times this season and 35 times in his career. In addition to the All-Star snub, Embiid was also given a $25,000 fine by the NBA on Friday for an on-court demonstration after-basket celebration during Wednesday night’s win over Brooklyn.

“Let’s keep offending Joel by fining him and not putting him among the All-Star starters,” Philadelphia coach Doc Rivers said sarcastically.

The Nuggets began the day with the second-best team field goal percentage at 50.7% and tops in 3-point percentage at 39.5%. In the first half, they overwhelmed Philadelphia’s perimeter defense, shooting 65.9% (29 for 44) from the floor and 10 of 17 (58.8%) from beyond the 3-point line. The hot shooting helped the Nuggets to a 73-58 lead at halftime.

Embiid started to take over toward the end of the third quarter, putting together a 16-point quarter on 5-of-6 shooting that keyed a 14-0 run that allowed the Sixers to close within 99-98 early in the fourth.

In the final quarter, Philadelphia wore down a Nuggets team playing the final game of a three-game, week-long trip. P.J. Tucker– who had switched defenively to Jokic and slowed him down in the second half- followed a Harden missed 3-pointer with a tip-in with over a minute left to stretch the lead to five. Embiid then hit a 3-pointer to restore an eight-point lead.

“I’ve always like to think I am a closer and I am,” Embiid said. “Taking the last shot or taking a last second shot with the clock ticking is fun for me. I love getting into those types of possession where you have to make the plays. That’s where you find out who is who and who is made up for those kinds of moments.”