Editor's note: We asked sports lawyer Dan Werly to answer our questions about the civil assault lawsuit that Derrick Rose is facing. Rose's accuser filed documents with the court on Oct. 26 indicating that she is seeking $21.5 million in damages.
Is this case similar to Kobe Bryant's case from a few years ago?
Yes and no. Bryant's case began with criminal charges being filed against him. The charges were dropped when his accuser refused to testify against him. His accuser then brought a civil suit, which was later settled out of court.
For Rose, there is only a civil (and no criminal) case against him, and, therefore, he faces no jail time or probation. This case is all about money.
Another key difference between criminal and civil cases is the burden of proof. In criminal cases, a prosecutor must show that the defendant is guilty beyond a reasonable doubt—that there is no other logical explanation. In civil cases, the standard is the lower preponderance-of-the-evidence standard—that culpability is more likely than not.
What would the accuser need to demonstrate, in o ...
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Article written by Daniel Werly
Answering Key Questions in Derrick Rose Sexual Assault Lawsuit
October 29th, 2015 by Daniel Werly Leave a reply »
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