A Georgia judge has denied a motion by lawyers for former NBA star center Dwight Howard to immediately dismiss a civil lawsuit against him. The lawsuit alleges sexual assault and battery and was filed by Stephen Harper in July 2023.
The Gwinnett County judge made the ruling this week and also ruled to seal an exhibit filed in December 2023 that contains sexually explicit text messages. The lawsuit claims that Howard sexually assaulted Harper during a July 2021 encounter at Howard's Georgia residence, along with intentional infliction of emotional distress and false imprisonment.
Harper's attorney expressed satisfaction with the court's decision and stated that they look forward to proving their client's case. The case is currently in the discovery phase, and no trial date has been set.
Howard's attorneys have maintained that the encounter was consensual and have sought to have the case dismissed. They argued that the allegations were unfounded and asked for a summary judgment in their favor.
The initial complaint included screenshots of alleged Instagram exchanges between Harper and Howard, along with an Uber receipt of Harper's trip to Howard's residence on the night of the encounter. Harper went to the police a year later, but no charges were filed.
In response to Howard's request for a summary judgment, Harper's lawyers emphasized that the case is not about unrequited love and urged the judge to allow Harper to prove his claims to a jury.
Howard, an eight-time All-Star and three-time NBA Defensive Player of the Year, last played in the NBA in the 2021-22 season with the Los Angeles Lakers.
