In a ruling Tuesday, a Los Angeles federal judge said the woman accusing new Knicks guard Derrick Rose of rape can not remain anonymous if she wants to proceed with her civil case – and her lawyers said she is not dropping the suit.
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The trial is scheduled to begin October 4, which conflicts with Rose’s preseason preparations for his first season with the New York Knicks.
The woman accusing New York Knicks guard Derrick Rose of rape will be forced to reveal her name at trial despite her wishes to remain anonymous, U.S. District Judge Michael W. Fitzgerald ruled Tuesday. The woman’s lawyers unsuccessfully argued in court that her name should be withheld during trial and that she should be afforded the privacy that is typically granted to victims in sexual assault cases. I wouldn’t want any stress on her, and I wouldn’t want anything affecting her or affecting my father. However, Baute then used her name again.
The jury will hear it, something previously agreed upon by both parties, but the woman’s identity will also be revealed to anyone with access to the open courtroom, including reporters, though most news organizations do not publish the names of alleged sexual assault victims. In these images, Plaintiff is dressed in provocative attire, is in sexually suggestive poses, and is in photographs indicating that she engages in sexually charged encounters with more than one man at a time.
Then in August, Rose’s lawyers claimed Jane Doe was attempting to “extort” Rose because of his fame, arguing in a motion to remove her anonymity: “This is not a rape case”. Last month, they said that the lawsuit is “not a rape case”, but rather “a pure and simple extortion by a plaintiff who wants to hide behind the cloak of anonymity while seeking millions in damages from a celebrity with whom she was in a long-term nonexclusive consensual sexual relationship”. Going by Jane Doe implied the woman is a victim and that could sway the jury, Anand said.
“The prejudice to the defendant outweighed the potential harm to her”, Anand said.
The woman’s legal team fears the stigma could scare her away. She claims that when she awoke the next morning, her dress was over her head and a used condom was on the floor of her bedroom, the Tribune reports.
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”.
The defense has been trying to force Doe to reveal her name publicly for the past 13 months, ever since the civil suit was filed.
“Do not test my patience”, Fitzgerald told Rose’s lawyer, ordering him to write an explanation of why he shouldn’t be fined $1,000 for violating the rules of the court.
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“She is reluctant to move forward, it’s very hard”, Brandon Anand, the woman’s attorney, told The Washington Post after the Tuesday ruling.
