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Deshaun Watson is facing a civil lawsuit alleging sexual assault
Deshaun Watson is facing another round of sexual assault allegations, following the filing of a lawsuit against him in Harris County District Court, Texas.
Now according to reports, Lisa Friel, the NFL’s Special Counsel for Investigations, is investigating whether the alleged conduct violates the NFL’s Personal Conduct Policy. Friel conducted the league’s previous investigation into similar allegations against the quarterback, which ultimately ended with an 11-game suspension.
Here is what has been alleged.
Note: The following contains disturbing descriptions of alleged sexual assault.
On Monday, news broke that noted attorney Tony Buzbee filed a civil lawsuit on behalf of client Jane Doe against Watson. Buzbee previously represented 24 other women who alleged sexual misconduct and/or assault by Watson. Those claims of sexual harassment or assault allegedly occurred during massage appointments while he played in Houston.
Watson denied the previous allegations.
This Petition filed in Harris County District Court, a copy of which has been obtained and reviewed by SB Nation (read the PDF here), offers some parallels between the previous allegations, but also contains some disturbing departures. In the “Summary of the Lawsuit” at the outset of the document, it is alleged that Jane Doe was approached by a friend of Watson’s who “facilitated a date between Doe and Watson.” It is further alleged in the Petition that “[w]ithin minutes of arriving at Jane Doe’s home, without any warning or encouragement or even knowledge he was going to do so, Watson abruptly got naked, lay on Jane Doe’s bed, and demanded that Jane Doe give him a massage.”
The Petition further alleges in the Summary that “[n]ot liking Doe’s weak efforts at a massage, Watson sexually assaulted Doe before she was finally able to resist and get him to leave her apartment.”
Specifically, in the “Factual Background,” the Petition alleges that after the two met at a bar in Houston in July of 2020, they texted “intermittently for several months.” In October 2020, Watson asked Jane Doe to meet at the Houston Galleria. Jane Doe was “hesitant” to be seen in public with Watson, and invited the quarterback to her apartment for dinner.
It is alleged that Jane Doe “knew nothing of Watson’s proclivities.”
On the night of their scheduled date, according to the Petition, Watson “was initially unable to find Doe’s specific apartment because he called Doe on her cellphone, aggressively yelling and screaming and stating that he could not find her apartment and that he ‘doesn’t have time for this.’”
Watson eventually arrived, as Jane Doe was finishing getting herself ready. She left the bathroom door open while she finished getting ready, and tried to begin a conversation with Watson, “trying to ease the tension from his angry outburst.”
According to the allegations in the Petition, Jane Doe exited the bathroom to find Watson “completely naked on her bed, lying face-down on his stomach.” It was then that, according to the allegations in the Petition, Watson “turned his head and aggressively insisted that she massage him, gesturing to his buttocks.”
The Petition alleges that Jane Doe “thus tried to appease Watson by rubbing his back, rather than his buttocks. Watson began insisting, again, that she focus on his glutes. Seemingly frustrated that Doe would only rub his back, Watson then turned over, revealing an erection.”
At that point, Jane Doe “reiterated to Watson that she wasn’t a masseuse. Watson asked her what she wanted to do instead.”
Before she could answer, it is alleged in the Petition that Watson:
“grabbed Jane Doe’s Leg and positioned her so that she was lying down. Watson then partially disrobed Jane Doe and penetrated her vagina without consent, implicit or explicit. Jane Doe felt paralyzed, unsure if she should risk her safety by trying to stop Watson or endure his assault. Watson roughly sexually assaulted Jane Doe for several minutes in a ‘missionary position’ before grabbing her and flipping her over. Watson continued to assault Doe aggressively from behind.”
According to the petition, Jane Doe “finally gathered the courage and strength to escape Watson.” She “quickly ran to her dresser to grab a heavy piece of decor for self-defense, and yelled at Watson to get out of her apartment.”
The Petition outlines how Jane Doe was “worried that if she reported the incident that she would be subjected to humiliation and personal attacks.” She was “encouraged and was ready to come forward as well” when other women raised their allegations against Watson, but later “saw how those women who had suffered through the same conduct with Watson and who came forward were treated by Watson’s defense team and the public,” which the Petition indicates was “discouraging” to Jane Doe.
The Petition also asserts that Jane Doe “first attempted to resolve these issues with Watson without the filing of a public lawsuit. Those efforts failed.”
The Petition contains two causes of action. First, a cause of action for sexual assault and battery, alleging that Watson violated three sections of the Texas Penal Code: Section 21.08(a) (indecent exposure), Section 22.01(a)(3) (assault), and Section 22.012 (indecent assault). The second cause of action is a claim for intentional infliction of emotional distress. Specifically, under this cause of action Jane Doe alleges that Watson’s conduct was so “extreme and outrageous so as to exceed the bounds of decency in a civilized society, namely, he caused Plaintiff to experience mental suffering by forcing unwanted touching.” It is further alleged under this cause of action that Watson engaged in this conduct “intentionally, knowingly, and willfully.”
It is further alleged in the claim for intentional infliction of emotional distress that as a “direct and proximate result of this conduct, Plaintiff has sustained and will sustain pain and suffering and psychological and emotional distress, mental anguish, embarrassment, and humiliation.”
The Plaintiff is seeking economic damages, including punitive damages, and asserts that Texas’ cap on punitive damages — set at the greater of $200,000 or two times the amount of non-economic damages up to $750,000 under Texas law — should not apply in this case. Plaintiff alleges that “Watson’s conduct disqualifies Watson from the benefit of any caps on exemplary damages. Specifically, Plaintiff seeks recovery of exemplary damages based on conduct described as a felony” in section 22.011(a)(1) of the Texas Penal Code, which covers sexual assault.
Under Texas law, specifically Section 41.008 of the Texas Civil Practice & Remedies Code, the cap on punitive damages does not apply in cases where a plaintiff seeks recovery of exemplary damages based on conduct described as a felony in specific sections of the Texas Penal Code, including that above section which covers sexual assault.
It is important to note that these are allegations raised in a Petition in civil court, and Watson — through counsel — will be allowed to assert his factual defenses on his behalf.
It is also important to note that with this proceeding coming in civil court, the standards of proof are different than they are in criminal court. While criminal cases require proof “beyond a reasonable doubt,” plaintiffs — such as Jane Doe in this case — are required to prove their case by a “preponderance of the evidence.”
This is often described as “more likely than not.” Specifically, one might view the standard in criminal cases as a “99%” certainty, the standard in a civil case of a “preponderance of the evidence” could be described as 51% certainty.
It is therefore a much lower bar than if this were a criminal case.
However, this is just one prong of the now two-pronged investigation Watson is facing. The other will come via Lisa Friel’s NFL investigation, now her second into allegations of sexual assault against the quarterback. “We are reviewing the complaint, and we will look into the matter under the personal conduct policy. Not looking at commissioner’s exempt list as there’s been no formal charges and the league’s review has just begun,” league spokesperson Brian McCarthy said in a statement to ESPN.
Watson served an 11-game suspension in 2022, which came via a settlement between the league and the quarterback. Watson was initially given a six-game suspension for the previous allegations of sexual assault, which the NFL appealed.
Rather than wait for the appeal, the NFL and the quarterback reached an agreement on an 11-game suspension, with a $5 million fine.
