Gang-Rape Defense for Derrick Rose Relies On Outdated Notions About Women and Sex

When Derrick Rose was traded from the Chicago Bulls to the New York Knicks this past NBA offseason, the injury-prone point guard said he'd be taking a piece of his hometown with him when he moved to the Big Apple.

"I'm playing in New York, but I'm bringing something from Chicago with me out here," Rose said at his first Knicks press conference in June.

Unfortunately for Rose, that "something" from his days wearing a Chicago uniform turns out to include a 2015 sexual assault civil lawsuit filed by an ex-girlfriend.

The woman, who is identified in the lawsuit as "Jane Doe," accuses Rose and two of his friends of drugging her at a party at the NBA star's Los Angeles home in 2013 and then later gang raping her at her apartment while she was unconscious. She's asking for more than $20 million in damages.

Rose — who met Jane Doe in 2011 and was in an almost two-year relationship with her — has said he and the woman had group sex on the night in question, but he claims the sex was consensual. His legal team points to texts from Jane Doe inviting Rose over that night as proof of consent, though there's no mention in them of group sex or her agreeing to it, according to Think Progress. In a June deposition, Rose provided an explanation of this unspoken consent, the website reports:

"… [W]e men. You can assume. Like we leaving to go over to someone’s house at 1:00, there’s nothing to talk about."

Days after his Knicks introduction in New York, a California judge denied a request to throw out the lawsuit, and the trial is set to start Oct. 4 in Los Angeles.

Since June's legal setback, Rose's lawyers have been petitioning the judge in the case to prohibit the former girlfriend from using her Jane Doe pseudonym at trial, Think Progress reports. In an Aug. 22 memo, the NBA all-star's attorneys argued they “do not think any media restrictions are warranted or necessary, partly because the media has to some degree lost interest in the case,” according to the website. (Note to Rose's defense team: Guess what's one of the best ways to ensure news outlets start reporting on a topic they've let fall to the wayside?)

Jane Doe's lawyers offered a compromise: The woman's real name can be used in court, but courtroom access would be limited, and the media would still need to use the pseudonym. That trade-off was rejected by the defense, the report stated.

But the "if the media doesn't report it, did it really happen?" argument isn't the only way Rose's team is trying to win its point concerning the pseudonym. The attorneys also resorted to outdated and injurious attitudes toward rape victims and women in an effort to force Jane Doe's real name into the public record, an intimidation move in and of itself.

More Derrick Rose Lawsuit Coverage

• Derrick Rose Sued by Woman Claiming He and 2 Friends Drugged and Gang Raped Her
• Derrick Rose's 'Sex Belt' Key to His Defense in Gang-Rape Lawsuit

Because she uses social media platforms such as Twitter and because she has posted "sexually suggestive poses" on Instagram, Jane Doe has lost her right to privacy and anonymity, the attorneys contend, according to Think Progress. In fact, the defense believes she's forfeited her privacy because she's "publicly portraying herself as sexual," the report added.

It's a vile tactic that perpetuates an even more vile idea: that women have no right to be sexual, and if they are, they need to be punished. How many sexy Instagram photos before she has to release her medical records? And do a handful of racy tweets mean she has to tattoo her social security number to her forehead?

That sentiment — female sexuality = bad — is woven throughout the lawyers' characterization of Jane Doe, describing her as "sexually adventurous" and a "sexual aggressor." Yet court documents and depositions show that Rose continually tried to pressure Jane Doe into having group sex throughout their relationship. In fact, part of Rose's defense revolves around a "sex belt" he asked her to get.

By introducing her sexuality and how she expresses it into this legal proceeding, Rose's team has stirred cultural double standards to the surface. Using Jane Doe's sexuality to shame her only primes the pump for other wrongheaded connections, such as implying that sexual openness means a woman is asking to engage in intercourse all the time, whether she says yes to it or not.

Thankfully, the judge in the case is having none of it, according to Think Progress. This was his response to the defense:

"Defendant Rose appears to suggest that women who publicly portray themselves as 'sexual' are less likely to experience embarrassment, humiliation, and harassment associated with gang rape. Such rhetoric has no place in this Court. No matter how Plaintiff chooses to depict her sexuality on social media, her allegations of rape entitle her to the protections of anonymity."

While this is a civil lawsuit and not a criminal case, it still involves accusations of rape, a crime the U.S. legal system still struggles with when it comes to prosecuting or simply believing the victims. That's why the way Rose's legal team is handling his defense matters and why it's so deplorable. Doubling down on Jane Doe's sexual behavior validates victim blaming in other cases. A sexy Facebook update shouldn't be the reason a victim doesn't report a rape.

More via Think Progress

Like What You're Reading? Stay Patched In!

• Like our Crime page on Facebook
  
• Live Traffic and Transit Updates