Woman who lost lawsuit accusing NBA star Derrick Rose and his friends of gang raping her appeals verdict

  • Woman who lost lawsuit accusing Derrick Rose of rape is appealing verdict
  • NBA star and friends were cleared in Los Angeles federal court last month
  • Woman claimed men gang raped her at home while she was incapacitated
  • Men testified she willingly engaged in sex at Rose's mansion in 2013 

By Associated Press

Published: 21:12 EST, 17 November 2016 | Updated: 01:46 EST, 18 November 2016

An ex-girlfriend who lost her lawsuit accusing NBA star Derrick Rose and two friends of raping her has appealed the verdict.

Jurors cleared the Knicks point guard and his friends last month in Los Angeles federal court after the woman claimed the men gang raped her at home while she was incapacitated from booze or drugs and unable to consent to sex.

Rose and his friends testified that the woman was coherent and willingly engaged in sex with them during an evening get-together at Rose's rented mansion in Beverly Hills and again early the next morning at her apartment in August 2013.  

An ex-girlfriend who lost her lawsuit in September accusing NBA star Derrick Rose and two friends of raping her has appealed the verdict

The woman had been seeking $21.5 million in the suit. 

She is appealing the verdict on the grounds that damning testimony should have been excluded and other evidence should have been admitted at trial.

'We combed the records, looked at the transcripts and I think the judge misapplied the rape shield law and, in doing so, abused his discretion,' the woman's lawyer, Waukeen McCoy, said.

Rape shield laws limit or prohibit evidence of a victim's past sexual history to be introduced in a case, though there are exceptions to the rule.

McCoy said the judge should have excluded testimony by the Knicks point guard and his friends who said the woman willingly engaged in sex with them earlier in the evening at Rose's house because it was irrelevant to the later incident.

Jurors cleared the Knicks point guard and his friends last month in Los Angeles federal court after the woman claimed the men gang raped her at home

Rose and his friends testified that the woman was coherent and willingly engaged in sex with them during an evening get-together at Rose's rented mansion in Beverly Hills in 2013

The woman denied having sex with the men at the mansion. She said she drank shots of tequila by the pool, felt drugged and went home to her apartment, where she vomited and passed out.

She said she awoke in the early morning to find the three men assaulting her in her bedroom.

Jurors said they found the woman's account hard to believe and didn't think there was enough evidence to support her claims.

Los Angeles police have an open investigation into the woman's claims.

Rose's lawyers have asked the judge to award $70,000 in court expenses because the defense prevailed at trial. In a court filing, his attorneys said they expected an appeal 'which will be meritless, frivolous, and sanctionable.'

Lawyers for Rose did not immediately return a message seeking comment.

Rose's lawyers have asked the judge to award $70,000 in court expenses because the defense prevailed at trial

Comments (1)

Share what you think

The comments below have been moderated in advance.

The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline.

Add your comment

By posting your comment you agree to our house rules.

Who is this week's top commenter? Find out now