Dwight Howard’s lawsuit continues as judge denies his motion to dismiss alleged sexual assault

A new chapter in Dwight Howard’s controversial lawsuit has unfolded, as a judge in Georgie decided to decline his motion to dismiss the case which alleges sexual assault and battery. The suit, which was filed by Stephen Harper almost a year ago, accuses the former NBA star of hurting him in his own home in 2021.

The athlete’s attorneys have responded by saying that the encounter was consensual. However, the Gwinnett County judge also made a ruling to state an exhibit that includes sexually explicit messages from the alleged victim.

“My comment, at this time, is that we are glad the court denied Mr. Howard’s motion and look forward to proving our client’s case,” said Harper’s attorney, Olga Izmaylova.

Judge won't dismiss Dwight Howard sexual assault suit [Update] https://t.co/htL8p3HEaB

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On the other side, one of Dwight’s lawyers is convinced that the truth will eventually come out. “Justice will prevail and we fully trust in our justice system and the process,” Justin Bailey told the press. “This order is a part of the process. We will engage in discovery and will further prove our case, and when the time is right, we will let our future pleadings speak for themselves.”

Back in December, the basketball center filed a motion to remove the lawsuit by stating that it was “nothing more than a classic case of unrequited love” and “frivolous” in general.

Howard’s intent to dismiss the case was mostly centered on text messages exchanged by both men, also alleging that some of the messages had been deleted and others were doctored. The player’s camp delivered screenshots of these texts as evidence, as they had not been entered into the record.

“In short, the totality of the text messages between Mr. Howard and Mr. Harper make it abundantly clear that Mr. Harper’s claims are frivolous, that he was a willing participant in the events of July 19, 2021, and the early morning hours of July 20, 2021, and that the touching of his person had been invited by him,” his lawyers claimed.

Howard’s attorneys explained why this evidence should’ve been enough proof to dismiss the case against the player

Even though the athlete’s lawyers regret the judges decision to dismiss their motion, Dwight’s legal camp explained why they believed the evidence they showed should’ve been enough proof.

“More importantly, the explicit messages not only show consent but also that Mr. Harper was initiating some of the sexual contact. Mr. Harper not only invited the initial experience, but tried to initiate a second encounter because the first was so enjoyable,” they expressed when sending the evidence.

“As it is undisputed that Mr. Harper consented to the touching between him and Mr. Howard, Mr. Harper’s claims necessarily fail, and Mr. Howard is entitled to summary judgment as the clear consent negates the essential element of intent and the claims of Assault, Battery, False Imprisonment, and Intentional Infliction of Emotional Distress fall like a house of cards,” the attorneys added.

Back in July, the alleged victim first filed a civil suit against the basketball player for damages of assault and battery, false imprisonment and intentional infliction of emotion distress. The police eventually suspended the case as he never gave a formal interview, so there are no criminal charges against Howard.