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A civil lawsuit accusing former NBA star Dwight Howard of sexual assault and battery has been dropped, as per court documents obtained by ESPN. The case was dismissed on Monday in Gwinnett County Court, Georgia, by Stephen Harper, who had initially filed the suit against Howard in July 2023.
One of Howard's attorneys informed ESPN that Harper did not receive any payment to withdraw the lawsuit. According to the court filing, Harper dismissed all his claims against Howard with prejudice, meaning he cannot refile a lawsuit on the same claims in the future.
Harper's legal team did not immediately provide a statement in response to inquiries. The lawsuit, which was filed in July 2023, was based on allegations that Howard sexually assaulted Harper during an encounter at Howard's Georgia home in July 2021.
A civil lawsuit alleging sexual assault and battery against Dwight Howard has been dropped.
The 8x NBA All-Star has denied the allegations and said in an October filing that he and Stephen Harper, the accuser, engaged in "consensual sexual activity."
(via @Baxter,… pic.twitter.com/MCEAlFM4RC
— ClutchPoints (@ClutchPoints) August 21, 2024
Stephen Harper's complaint against Dwight Howard
Stephen Harper's complaint detailed that after exchanging messages on Instagram, he agreed to meet Howard at his home for a sexual encounter. Once there, he alleged that another individual, identified as “Kitty,” was also present, and that both Howard and Kitty compelled him to participate in sexual activities.
Harper submitted screenshots of the purported Instagram conversation along with an Uber receipt indicating his trip to Howard's residence on the night of the alleged incident.
Additionally, Harper's complaint included claims of “intentional infliction of emotional distress” and false imprisonment against Howard.
According to a July 2022 incident report from the Gwinnett County Police Department, which ESPN acquired, Harper reported the incident to the police a year later, but no charges were filed.
Howard's response to complaints against him
Howard denied the accusations, asserting in an October filing that he and Harper were involved in “consensual sexual activity.”
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In a December filing, Howard contended that the allegations were unfounded and requested the court to dismiss the lawsuit immediately without proceeding to trial. However, the judge rejected his request in February.
In October 2023, Howard's lawyers alleged that Harper was attempting to extort money from their client in a statement to ESPN. Howard also addressed the accusations in an Instagram Live broadcast that month, denying the claims.
“Stop worrying about it,” Howard said. “I ain't gotta deny it, I don't gotta talk about none of that crap. This s— didn't even happen. You worried about the wrong stuff. That's why it's called an accusation. Allegedly. Come on, man,” said Howard.
Just a case of unrequited love
In December 2023, Howard's lawyers submitted a motion to dismiss the lawsuit, describing it as “frivolous” and “a classic case of unrequited love.” However, a judge rejected the motion in February.
“After one consensual evening together, Mr. Howard was no longer interested in keeping Mr. Harper's company,” according to Dwight Howard’s attorneys.
In a January response, Harper's lawyers argued that the lawsuit had “nothing to do with unrequited love” and urged the judge to disregard Howard's attempts “to escape the consequences of his actions,” allowing Harper to present his case to a jury.
The 38-year old Howard last played for the Taiwan Mustangs in The Asian Tournament alongside DeMarcus Cousins and Quinn Cook.
Prior to this, Howard was chosen as the No. 1 overall pick by the Orlando Magic in the 2004 NBA Draft. Over his career, he was named an All-Star eight times and captured an NBA title in 2020 during his second stint with the Lakers.
