Former NBA All-Star Dwight Howard faced a lawsuit last year from a man named Stephen Harper, who accused him of sexual assault and battery stemming from a 2021 incident.
Harper alleged that Howard assaulted him and inflicted intentional emotional distress during their encounter. Howard and his legal team sought to dismiss the lawsuit, but a judge in Georgia declined their request this week.
The Gwinnett County judge upheld the lawsuit and sealed an exhibit containing sexually explicit text messages reportedly sent by Howard to Harper. Harper’s attorney expressed satisfaction with the court’s decision, stating their confidence in proving their client’s case.
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The Gwinnett County judge made the ruling this week, according to a filing obtained by ESPN, while also ruling to seal an exhibit filed in December 2023 that contains what Howard’s lawyers argued were embarrassing, sexually explicit text messages.
The lawsuit was filed in July 2023 by Stephen Harper, who alleges that Howard sexually assaulted him during a July 2021 encounter at Howard’s Georgia residence, along with “intentional infliction of emotional distress” and false imprisonment.
“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,” Harper’s attorney, Olga Izmaylova, told ESPN on Thursday.
The case is still in the discovery phase and no trial has been scheduled.
On the other hand, one of Howard’s attorneys expressed confidence in the justice system and acknowledged the court’s decision as part of the process. Howard’s legal team argued that the case was a matter of unrequited love, claiming that Howard lost interest in Harper after one consensual encounter.
However, Harper’s attorney contested this argument, accusing Howard of trying to evade accountability for his actions. They emphasized the importance of allowing a jury to examine the case.
While the judge’s decision suggests that the case will proceed to trial eventually, no trial date has been set as the case is still in the discovery phase.