Can Trevor Bauer’s accuser sue him? Judge’s ruling to decide

Fifteen months ago, a Los Angeles Superior Court judge declined to grant an injunction against the San Diego woman who accused Dodgers pitcher Trevor Bauer of sexual assault. Does this ruling mean that the judge has determined that Bauer did not commit an assault?

Yes, say Bauer and his lawyers.

No, says a US District Court judge.

The parties are to discuss this at a hearing on Monday. If Judge James Selna upholds his preliminary ruling, Bauer would lose his attempt to settle out of court the civil complaint that the prosecutor has filed against him.

Bauer has sued six parties for defamation, including the woman who accused him. She countered, alleging that Bauer committed sexual assault and assault in the two sexual encounters over the past year. In a court filing, lawyers for Bauer alleged that the woman “dragged Mr. Bauer into further unnecessary litigation in an improper attempt to resolve the same issues to a different outcome.”

The preliminary ruling gives the lawyers on both sides an assessment of the judge’s thinking and allows them to focus their arguments on specific areas of disagreement on Monday. Selna may consider these arguments before deciding whether to let the tentative decision stand or change it in any way.

In his preliminary ruling, Selna did not state whether Bauer committed assault or assault — that would be an issue in a potential trial — but whether Los Angeles Superior Court Justice Dianna Gould-Saltman made such a decision had by refusing the injunction. Bauer argued that she had done so and therefore the accuser should be barred from raising the issue again.

Selna was blunt: “Judge Gould-Saltman made no determination as to whether Bauer was beaten or sexually assaulted [the woman]Selna said Gould-Saltman’s explanation of her decision showed that she denied the injunction “based on a failure to demonstrate the likelihood of future harm, and not on a finding that Bauer did not commit any acts of abuse.”

Lawyers for Bauer specifically argued that Gould-Saltman found the encounters to be “entirely consensual,” with evidence including a text message to Bauer in which the woman wrote, “Give me all the pain.”

Selna said the issue of consent was relevant in the context of whether a restraining order was warranted — that is, partly because Bauer respected the limits the woman set “if she could make them,” the order wasn’t necessary.

“In spite of [her] Consenting to any form of rough sex while Bauer engaged in acts [she] was unconscious when physically and legally unable to give consent,” Selna wrote. He added that the woman “couldn’t consent to at least those sexual acts — even if she did.” [she] wanted all the pain. ”

Bauer has so far requested that the case be dropped solely on the basis of the injunction proceedings. Selna therefore did not address video later obtained, which Bauer’s lawyers say shows the woman “grinning and unharmed” after the encounter that prompted her to seek medical attention. There, she was diagnosed with “acute head injury” and “physical injury.”

Bauer is appealing his two-year suspension for violating baseball’s sexual assault and domestic violence policies. An arbitrator is not expected to make a decision until next month at the earliest. Neither Bauer nor Major League Baseball have said what evidence Commissioner Rob Manfred used to defend the suspension.

Bauer has consistently denied that he violated either league policy or the law on the two nights his reps described as unconventional but consensual sex, and the Los Angeles County District Attorney declined to pursue criminal charges against him .

In September, Selna issued a preliminary ruling dismissing Bauer’s defamation lawsuit against one of the accuser’s attorneys. Selna held a subsequent hearing on the matter and has yet to make a final decision.

https://www.latimes.com/sports/dodgers/story/2022-11-21/trevor-bauer-dodgers-fighting-lawsuit-judge-ruling Can Trevor Bauer’s accuser sue him? Judge’s ruling to decide

Emma Bowman

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