Examining how Stephen Harper could benefit in civil court compared to criminal lawsuit in sexual assault case

Stephen Harper is alleging that on July 19, 2021, in Howard’s house, Dwight Howard, a former NBA star, sexually attacked him. Harper has sued the three-time Defensive Player of the Year winner in a state civil complaint. In his document, the accused included violence, false detention, and purposeful infliction of emotional distress. Howard, through his attorney, is requesting that the accusations be dropped since all of the events on the specified day were voluntary.

The fact that Harper brought a civil lawsuit rather than a criminal one must be emphasized. For the former, a lesser standard of proof, such as the majority of the evidence, is required. It follows that something happened based on the complaint, most certainly. The accuser needs to prove just 51% that the defendant is the cause of the damage.

In court documents obtained by ESPN, Dwight Howard said Monday that he engaged in "consensual sexual activity" with a man named Stephen Harper during a July 2021 encounter at Howard's Georgia residence, per @Baxter

“Dwight Howard has denied sexual assault and battery… pic.twitter.com/fJhPaAaJG5

— NBACentral (@TheDunkCentral) October 25, 2023

In contrast, the latter necessitates a criminal trial in which the prosecution must establish the defendant’s guilt beyond a reasonable doubt. The burden of proof is far higher in a criminal lawsuit than it is in a civil one.

Should Stephen Harper’s grievance have been a criminal lawsuit, the prosecution would have the responsibility to prove Dwight Howard’s guilt beyond a reasonable doubt. If this wasn’t done, the jury couldn’t find someone guilty.

Harper’s civil lawsuit can result in a bench trial where the attorneys for the two sides present their cases. Based on the preponderance of the evidence, a court may find a person guilty. In contrast to criminal cases, which may entail both monetary damages and jail terms, civil lawsuits often result in monetary damages.

Dwight Howard responds to claims with a statement.

Dwight Howard has finally commented through his attorney, following days of him maintaining a low profile following the widespread dissemination of Stephen Harper’s charges. In an interview with ESPN, Justin Bailey discussed the former LA Lakers center’s response to the allegations, saying as much:

“What was a private, consenting meeting was made public for financial gain, and Mr. Howard is eager to present the facts in a court of law. Mr Howard is not guilty of the charges made against him. Mr. Howard wants to tell it like it is.

In actuality, Mr Howard barred Mr Harper from social media and was then given a choice to either pay to have his name protected or pay to have a false narrative spread. Mr Howard decided to believe in the legal system and will rely on the upcoming court files to speak for themselves, despite the fact that the subject matter and his celebrity profile made him an easy target.”

The accuser’s attorney, Olga Izmaylova, responded to the statement provided by Dwight Howard’s counsel as follows:

“We fully expected Mr Howard to address consent in his response.”

Additionally, she stated that her client had no permit at all.

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