Dodgers pitcher Trevor Bauer lost twice on Wednesday when a judge allowed the San Diego woman who accused him of sexual assault to continue her lawsuit against him and dismissed his defamation lawsuit against one of her former attorneys.
In accordance with the rulings of US District Court Judge James Selna, Bauer was ordered to pay the former attorney’s attorney’s fees. The dismissal of this lawsuit does not affect the defamation lawsuits that Bauer has filed against five other parties, including the accuser.
After Bauer sued her for defamation, she countersued, alleging sexual assault and assault. Bauer and his attorneys asked the court to drop her lawsuit, noting that she had made the same allegations in her request for an injunction. Since that request was denied, Bauer argued, she should not be given a second chance to plead acts for which he was acquitted.
In his ruling, Selna wrote that the injunction’s denial was “due to insufficient evidence that the parties will have contact in the future.” He wrote that Los Angeles Superior Court Justice Dianna Gould-Saltman did not determine whether Bauer committed an act of abuse, and neither party asked her to make such a determination.
“The state court case did not necessarily rule that Bauer did not hit or sexually assault him [her]’ Selna wrote.
Bauer’s attorneys also argued that the woman’s lawsuit should be thrown out because Gould-Saltman had determined that the two sexual encounters were “entirely consensual,” but Selna said that argument “was not supported by the records.”
“In spite of [the woman’s] Consenting to any form of rough sex,” Selna wrote, “Bauer engaged in acts during which time [she] was unconscious when physically and legally unable to give consent.”
Whether Bauer committed assault or assault would be decided in court if the case got there. In court filings, Bauer reserved the right to again ask the court to dismiss the accuser’s lawsuit, this time on the grounds that its filing was “procedurally defective.”
Bauer had also sued one of the woman’s former attorneys, Fred Thiagarajah, for defamation based on comments he made to the Washington Post after the Los Angeles County District Attorney declined to file criminal charges against Bauer.
Thiagarajah told the Post that Bauer “brutalized” the woman, and Bauer protested what he claimed was at least the hint of guilt.
“Judge Gould-Saltman herself stated that Hill’s injuries were ‘terrific,'” Selna wrote. “Bauer makes no convincing argument as to why Thiagarajah’s use of a synonym of the court’s own language misrepresents the court’s findings.”
Gould-Saltman said in full that “the injuries, as seen in the photographs, are horrendous.” Bauer has since submitted a video to the district court that he claims shows the woman in bed with him “grinning and unharmed” after the sexual encounter that allegedly led to the injuries.
The woman was examined at a hospital later in the day, where she was diagnosed with “acute head injury” and “assault by manual strangulation”.
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 violating either league policy or the law on the two nights, which his reps described as unconventional but consensual sex.
https://www.latimes.com/sports/dodgers/story/2022-11-23/judge-rules-against-trevor-bauer Judge rules against Trevor Bauer, accuser’s countersuit continues