Dwight Howard is seeking to have the lawsuit that has been filed against him dismissed as he has asked a Gwinnett County Court to throw it out.
The former NBA star stands accused of sexual assault and battery, with a man named Stephen Harper alleging that Howard sexually assaulted him during an encounter at the latter’s house. Howard has also been accused of “intentional infliction of emotional distress” and false imprisonment.
The claims, which were made in July, were denied in a filing on Thursday, which ESPN has since obtained. Howard’s attorney insisted that the encounter was consensual and his accuser knew there was going to be a third person involved. The filing noted that Harper doctored certain iMessage conversations and deleted key texts.
“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,” it states (H/T The New York Post).
“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.”
The documents claim that Harper’s case is one of “unrequited love,” adding that Howard was no longer interested in being around Harper after their “one consensual evening together.”
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“Mr. Harper told Mr. Howard in text that he would ‘get my parade’ based on taking the private relationship public and would start by telling Mr. Howard’s mom and sisters about Mr. Howard’s private life,” it adds.
Howard denied the claims back in October, also going after fans and members of the media in a fiery video in which he pointed out that his bedroom business is his and his only.
