Lawsuit accuses rookie NFL punter of rape
Three present or former San Diego State College soccer gamers, together with the Buffalo Payments’ newly drafted punter Matthew Araiza, are accused of gang raping a then-17-year-old lady at a Halloween get together final yr, based on a lawsuit filed Thursday by the legal professional for the plaintiff recognized in courtroom paperwork as Jane Doe.
Araiza, Zavier Leonard and Nowlin “Pa’a” Ewaliko have been a part of the San Diego State College soccer group on the time of the alleged incident final October.
“I am upset that she filed this civil lawsuit towards my shopper as a result of he did not rape her. He by no means used any pressure towards her. She was not visibly intoxicated. He didn’t hand her a drink with something in it,” Araiza’s lawyer, Kerry Armstrong, instructed CNN.
Araiza “hopes it doesn’t have an effect on this profession with the Buffalo Payments. He actually likes the group and hopes he can stick with them,” stated Armstrong.
Jane Doe says she attended a celebration within the San Diego space with associates, however was separated from them when she met Araiza, based on the lawsuit. The declare additional asserts that Araiza “might observe that Doe was closely intoxicated” and “handed her a drink anyway.”
“Doe knowledgeable Araiza that she attended Grossmont Excessive Faculty. Araiza, who was 21 years previous, knew or ought to have recognized that Doe was a minor,” the grievance says.
The girl says Araiza led her to a bed room the place “there have been a minimum of three different males already within the bed room,” together with Leonard and Ewaliko, who have been each a minimum of 18 on the time, based on the courtroom doc. Shortly after Doe entered the bed room, the lads allegedly started participating in intercourse acts along with her, the lawsuit claims.
“Doe was raped for about an hour and a half till the get together was shut down. Doe stumbled out of the room bloody and crying,” stated the grievance.
Doe reported the alleged incident the following day to the San Diego Police Division and underwent a rape examination at a neighborhood hospital, based on the lawsuit. Days later, detectives organized “pretext” calls between Doe and the lads that they had decided as her alleged attackers, stated the declare.
“Throughout the name, Araiza confirmed having intercourse with Doe, even telling her that she ought to get examined for sexually transmitted ailments,” stated the declare however when she pressed him about their encounter, “Araiza instantly modified his tone, saying, ‘That is Matt Araiza. I do not bear in mind something that occurred that night time,’ at which period he terminated the pretext name by hanging up on Doe,” the grievance alleges.
Ewaliko’s lawyer, Marc Carlos, instructed CNN in a cellphone interview that he sees some points with Doe’s credibility and the circumstances beneath which she reported the occasion. “The submitting of the civil swimsuit is clearly an try to put stress on the DA to file a case,” he stated.
Ewaliko isn’t enrolled at San Diego State this semester, based on Carlos.
Leonard’s legal professional, Jamahl Kersey, stated: “We’re conscious of the lawsuit that was filed yesterday and we respectfully decline to remark.” He stated he couldn’t touch upon his shopper’s standing as an San Diego State scholar or participant.
The police pepartment has submitted its investigation to the San Diego County District Lawyer’s Workplace and it being reviewed. the DA’s workplace stated, although officers didn’t point out when a charging choice may be made.
CNN has additionally requested remark from police.
The college launched a press release saying it “takes allegations of sexual assault severely.” however was not in a position to launch particular particulars on the case as a consequence of privateness issues stating the allegations have been nonetheless beneath “lively college investigation.” The assertion stated additional {that a} violation of the college’s scholar code of conduct might doubtlessly end in “suspension, dismissal or expulsion.”
“We have been just lately made conscious of a civil grievance involving Matt from October 2021,” a Buffalo Payments spokesperson stated. “Because of the critical nature of the grievance, we carried out an intensive examination of this matter. As that is an ongoing civil case, we can have no different remark at this level.”
NFL spokesperson Brian McCarthy stated in a press release league officers are conscious of the matter however had no further remark.
An NFL participant can’t be suspended for conduct earlier than becoming a member of the league. But when an individual is investigated for actions that happen whereas an NFL participant, prior conduct can issue into potential self-discipline, based on the NFL’s private conduct coverage.