NEW YORK (FOX 5 NY) - The gang rape case against Derrick Rose, 27, the 2011 NBA MVP who was traded to the Knicks in June, will go to trial in October.
A federal judge refused to dismiss a lawsuit alleging Rose and two friends drugged and gang-raped a woman.
Earlier this summer, federal Judge Michael W. Fitzgerald said a jury must decide whether to believe Rose's contention that the woman, a former lover, consented to group sex at her home in 2013.
According to court records, the woman had been drinking at Rose's Beverly Hills, California, home, and a friend helped her return home, where she vomited and fell asleep.
The $21.5 million sexual battery lawsuit contends that Rose and the other two defendants entered her apartment the next morning and raped her.
Disturbing details from the deposition given by Rose have emerged and were posted to ThinkProgress.com.
Rose testified that he had consistently asked Jane Doe for group sex and that she always refused, except for the night before the alleged rape.
The woman believes that an unknown drug was slipped into her drink at Rose's home, and she "did not do any pregnancy tests or a rape kit because she was terribly ashamed and embarrassed," according to her lawsuit.
Rose has denied the allegations, and his lawyer has labeled the lawsuit an extortion attempt.
Defense court filings contend that the woman consented to the sex acts, invited the men to her apartment and buzzed them in through security.
In denying Rose's request to toss out the lawsuit, the judge said Rose's version of events "could well convince a reasonable jury," but there was substantial disagreement over the facts and a jury also could conclude the opposite.
Rose struggled with knee injuries during his run with the Chicago Bulls before he was traded to the Knicks.
With the Associated Press