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A man named Stephen Harper is claiming that former NBA player Dwight Howard sexually assaulted him at Howard’s home on July 19, 2021. Harper has filed a state civil suit against the three-time Defensive Player of the Year winner. The accuser included battery, false imprisonment and intentional infliction of emotional distress in his document.
Howard, via his lawyer, wants the allegations dismissed, claiming that everything that happened on the said date was consensual.
It is very important to note that Harper filed a civil suit and not a criminal one. The former requires a lower standard of proof such as preponderance of evidence. The accuser needs to prove just 51% that the defendant is the cause of the damage.
The latter, meanwhile, requires a criminal proceeding where the prosecutor has to prove the defendant guilty beyond a reasonable doubt. In a criminal suit, the standard of proof is much higher compared to a civil case.
If Stephen Harper’s complaint had been a criminal suit, the burden of proof lies on the prosecutor to determine Dwight Howard’s guilt beyond reasonable doubt. Failure to do so would prevent the jury from rendering a guilty verdict.
The civil suit filed by Harper may end up in a bench trial where lawyers from both parties argue the merits of the case. A judge can render the guilty verdict based on preponderance of evidence. Civil cases generally result in monetary damages whereas a criminal case could involve both monetary compensation and jail time.
Dwight Howard files a statement to deny allegations
After keeping a low profile for days since Stephen Harper’s allegations went viral, Dwight Howard has finally spoken via his lawyer. Justin Bailey, per an ESPN interview, had the following to say about the former LA Lakers center’s response to the complaints:
"What was a private consensual encounter was made public for profit and Mr. Howard looks forward to bringing the truth to light in a court of law. The allegations against Mr. Howard are contested. Mr. Howard intends to present the truth.
“The truth is Mr. Howard blocked Mr. Harper on social media and then was confronted with two options -- pay to protect his reputation or have a fabricated story made public. Despite being an easy target due to the subject matter and his status as a celebrity, Mr. Howard chose to trust in the justice system and will rely on all future court filings to speak for themselves."
Olga Izmaylova, the accuser’s lawyer, replied to the statement made by Dwight Howard’s attorney:
"We fully anticipated Mr. Howard to raise the issue of consent in his answer.”
She also said that there was absolutely no consent from her client.
