“I know she’s going to be hesitant”, he said.
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Soon after Fitzgerald ruled on the issue of the woman’s identity, Rose’s attorney, Mark Baute, revealed the woman’s name and was warned by the judge that she would remain anonymous until trial.
He said the law was “very clear on the issue” and he would not close his court room to protect her identity. The woman, so far only known as Jane Doe, filed a lawsuit a year ago alleging that she started dating Rose in 2011, but she became uncomfortable with some of the things Rose wanted her to do, like having group sex and masturbating on Skype.
“They’re elderly and I’m a part-time caregiver for my mother, so it’s very important for me to do everything I can to make sure that my family’s needs are met and they’re still in good standing and have no stress or pressure placed on them”, she said. “This is not a rape case, it’s an extortion case, and the only victim is Mr”.
The judge did not agree that the plaintiff’s manner on social media was a valid argument. They also claim it’s a tactic Rose’s attorneys have used to intimidate the woman into dropping her lawsuit, an issue commonly raised by victim’s advocates, who argue that public scrutiny deters women from reporting sexual assault at all, let alone taking their cases to court. Such rhetoric has no place in this court.
The judge said, however, that if the court agreed to allow the plaintiff to remain anonymous, the jury could interpret that as a “comment on the harm defendants allegedly caused”.
Lawyers for the woman, who is identified in court documents as Jane Doe, argued that her privacy should be protected because she is vulnerable and she has already been harassed after her name was leaked. The defense rejected the compromise at the time.
The NBA star’s lawyers added that media restrictions were unnecessary as the media had “lost interest” in the case. Rose’s team, however, wants her name to be made public and have cited interviews and a news teleconference Doe did as reason for her real name to be revealed.
In August past year, “Jane Doe” filed a civil suit against Rose, the new point guard for the Knicks, and his friends Randall Hampton and Ryan Allen. It was rejected by the judge, who was concerned as to whether Ms Doe had consented to sexual intercourse.
Rose and the woman dated non-exclusively for two years before the alleged rape. That could be enough to force her to settle and allow Rose to go on with his life, which is exactly what his lawyers are seeking, understandably.
According to the Washington Post, Rose’s lawyers believe the plaintiff does not deserve anonymity because she’s “openly pandering to the media on a nationwide blitz tour”. She escorted her friend home as she claimed it was “not safe” to leave her alone at the party.
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The woman left the house and exchanged text messages with Rose, the AP reported. She contends Rose and his friends later entered her apartment through an unlocked door and that she awoke the next morning to find herself smeared with lubricant with her dress over her head and a used condom on the floor of her bedroom.
