What you need to know about the Derrick Rose case
— -- New York Knicks guard Derrick Rose faces the start of a federal civil trial in California on Tuesday on claims that he and two friends gang-raped a woman.
Here's what you need to know about the case and the potential consequences for Rose both on and off the court.
What's the lawsuit against Rose about?
The woman, identified as Jane Doe, alleges that, after dating Rose for two years, he and two of his friends broke into her Los Angeles apartment on the early morning of Aug. 27, 2013, and took turns raping her while she went in and out of consciousness. She says she was too intoxicated to give consent. She also claims that Rose and two friends slipped a drug into her drink.
Rose admits that he and his friends had sex with Jane Doe that night but he maintains that she drank only a small amount of alcohol and did not appear intoxicated. Rose claims she welcomed him and his two friends into her apartment and initiated sex with them.
On Aug. 26, 2015, Doe filed this lawsuit against Rose and his two friends. She is suing them for sexual battery (rape) under California civil law. Doe seeks approximately $21.5 million for, among other things, pain and suffering, emotional distress, lost wages, attorneys' fees and legal costs. Doe also wants punitive damages -- i.e., an award of money that's just meant to punish Rose and his friends.
U.S. District Judge Michael W. Fitzgerald for the U.S. District Court for the Central District of California is presiding over the trial.
What does Jane Doe have to prove to win?
This is largely a he-said/she-said case, which means the jury must decide whose version of that night is more believable.
At the trial, both Doe and Rose will put on witnesses and offer evidence to support their version of the events. The legal team for each side will try to use the evidence to their advantage, including the deposition testimony the parties provided before the trial.
During his deposition, Rose said that he did not know the meaning of "consent" and admitted that he repeatedly pushed Doe to send him sexual videos and to participate in group sex but she refused. Doe's lawyers are likely to highlight those portions of Rose's testimony at trial -- particularly as it concerns consent, given that whether Doe consented to group sex is the ultimate issue.
Meanwhile, Rose's legal team will likely focus on how Doe testified in her deposition to having little recollection about the night. They also will likely raise that she said she sent texts to Rose the next morning about being hung over and seeking reimbursement for cab fare and a sex belt, but admittedly did not mention the alleged rape.
Ultimately, the jury must weigh all of the evidence. This is not like in a criminal trial where the prosecutor must prove to the jury that the defendant is guilty beyond a reasonable doubt. Because this is a civil trial, Doe must only prove that her version of that night is more likely to be true than not true.
How does the criminal investigation into Rose affect the civil case?
On Sept. 22, the Los Angeles Police Department issued a letter stating that there is an open criminal investigation against Rose and his friends for allegedly raping Doe.
At this point, no criminal charges have been filed against Rose. The LAPD says the investigation is ongoing.
The LAPD's investigation likely will have limited impact on Doe's lawsuit for several reasons. Generally, police don't release detailed information about an ongoing investigation, which makes it unlikely that Jane Doe could benefit from the investigation during the trial. Also, it's unlikely that the LAPD will look to bring charges against Rose until after the trial unless there's a significant revelation in the case that confirms guilt.
Why is there a civil trial against Rose before there's any criminal trial?
There's no set order for criminal and civil trials. One can go before the other and vice versa. Typically, if a crime was allegedly committed, a criminal trial would go first, then there would be a civil trial for money damages (assuming the defendant had a source of money).
In Rose's case, the civil trial is going first likely because Doe was facing a time limit. California law requires an accuser to file a civil lawsuit for rape within two years of the rape. Doe filed this lawsuit on Aug. 26, 2015, exactly two years to the day she alleges Rose and his friends raped her. This is also when her lawyer says she filed the police report. It's not uncommon for sexual assault victims to delay in reporting the crime or not report it at all.
Also, it is uncertain whether there will be a criminal trial against Rose, as the LAPD investigation is ongoing.
How will the trial impact Rose's availability to play for the Knicks?
Rose could miss up to two weeks of preseason because of the trial, though coach Jeff Hornacek has said he expects him to play in the Knick's exhibition opener in Houston on Tuesday, the same day the trial is set to begin in Los Angeles.
It's estimated that the trial will take about eight to 10 business days. With the courthouse closed for Columbus Day, the trial is estimated to go until Oct. 14-18, but could be delayed or shortened for a number of reasons.
The Knicks' regular season doesn't start until Oct. 25 in Cleveland. Absent any disruptions, Rose should be back with the team by then.
Adrienne Lawrence is a legal analyst who practiced law from 2008 to 2015 before joining ESPN.?Follow her on Twitter @AdrienneESPN.