Dwight Howard has filed a motion in a Georgia court seeking the dismissal of a lawsuit brought against him by Stephen Harper, who alleges that Howard assaulted him during a sexual encounter in July 2021. The lawsuit also accuses Howard of intentionally inflicting emotional distress.
According to ESPN, Howard’s legal team contends that the accusations of sexual assault and battery are unfounded and urges the Georgia court to promptly rule in Howard’s favor, resulting in the dismissal of the charges without proceeding to trial.
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In a Thursday filing obtained by ESPN, Howard’s attorneys reiterate their position that the encounter between Howard and Harper, involving a third person, was consensual. Harper had filed the lawsuit in July, accusing Howard of sexual assault during the encounter, as well as intentional infliction of emotional distress and false imprisonment.
“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,” Howard’s attorneys write in Thursday’s filing.
“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. 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.”
Howard, an eight-time NBA All-Star and five-time All-NBA selection, has consistently denied the allegations. In October, he formally requested the court to dismiss the case.
Additionally, Howard’s legal team alleges that Harper attempted to blackmail Howard by threatening to disclose details about Howard’s personal life to his family unless Howard paid Harper.
It is emphasized that delving into Howard’s personal life is not the focus here, as it is his prerogative to decide how much, if any, he wishes to share publicly. Howard last played with the Lakers in the 2021-2022 season and subsequently participated in the 2022-2023 season in Taiwan.