Fifteen months in the past, a Los Angeles Superior Court docket decide declined to grant a restraining order to the San Diego girl who accused Dodgers pitcher Trevor Bauer of sexual assault. Does that ruling imply the decide decided Bauer didn’t commit an assault?
Sure, Bauer and his attorneys say.
No, a U.S. District Court docket decide says.
The events are scheduled to debate the difficulty at a listening to Monday. If Decide James Selna sticks to his tentative ruling, Bauer would lose his bid to get the civil go well with the accuser has filed towards him thrown out of courtroom.
Bauer has sued six events for defamation, together with the girl who accused him. She countersued, alleging Bauer had dedicated sexual assault and battery within the two sexual encounters final 12 months. In a courtroom submitting, Bauer’s attorneys claimed the girl was “dragging Mr. Bauer into further needless litigation in an improper attempt to relitigate the same issues to a different conclusion.”
The tentative ruling provides attorneys on either side an evaluation of the decide’s pondering and permits them to focus their arguments Monday on explicit areas of disagreement. Selna can think about these arguments earlier than deciding whether or not to let the tentative ruling stand or modify it ultimately.
In his tentative ruling, Selna didn’t decide whether or not Bauer had dedicated assault or battery — that will be at concern in a possible trial — however whether or not Los Angeles Superior Court docket Decide Dianna Gould-Saltman had made such a dedication in denying the restraining order. Bauer argued she had, and so the accuser ought to be barred from elevating the difficulty once more.
Selna was blunt: “Judge Gould-Saltman made no findings as to whether Bauer battered or sexually assaulted [the woman].” Selna stated Gould-Saltman’s clarification of her resolution confirmed she had denied the restraining order “based on a failure to show a likelihood of future harm, rather than a finding that Bauer did not commit acts of abuse.”
Bauer’s attorneys argued particularly that Gould-Saltman discovered the encounters have been “entirely consensual,” with proof together with a textual content message to Bauer through which the girl wrote, “Gimme all the pain.”
Selna stated the difficulty of consent was related within the context of whether or not a restraining order was warranted — that’s, partially as a result of Bauer revered the boundaries the girl set “when she could make them,” the order was not crucial.
“Notwithstanding [her] consent to some form of rough sex, Bauer engaged in acts while [she] was unconscious, when she was physically and legally unable to give consent,” Selna wrote. He added that the girl “could not consent, at least to these sexual acts — even if [she] did ‘want all the pain.’ ”
Thus far, Bauer has requested for the case to be thrown out primarily based on the restraining order proceedings alone. Selna thus didn’t focus on a subsequently obtained video that Bauer’s attorneys say reveals the girl “smirking and uninjured” after the encounter that prompted her to go to a hospital. She was identified there with “acute head injury” and “assault by manual strangulation.”
Bauer is interesting his two-year suspension for violating baseball’s coverage on sexual assault and home violence, with an arbitrator anticipated to rule no sooner than subsequent month. Neither Bauer nor Main League Baseball has stated what proof commissioner Rob Manfred cited in defending the suspension.
Bauer has constantly denied he violated both the league coverage or the legislation within the two evenings of what his representatives have characterised as unconventional however consensual intercourse, and the Los Angeles County district legal professional declined to file legal fees towards him.
In September, Selna issued a tentative ruling to dismiss Bauer’s defamation go well with towards one of many accuser’s attorneys. Selna held a subsequent listening to on that concern and has but to make a remaining ruling.