BOSSIP Exclusive: Judge Shuts Down Derrick Rose's Bid To Dismiss $21 Mill Gang Rape Suit

Rose attempted to argue the evidence thus far proves the woman consented to sex with him and his two friends on the night in question. However, the judge’s order states, “The record presents a genuine dispute of material fact as to the central issue in this action: whether Plaintiff consented to sexual intercourse with Defendants in the early morning of August 27, 2013. Because the jury and not the Court must resolve the central issue, summary judgement is improper.”

The judge explained the woman said she was too intoxicated to consent to sexual intercourse but Rose and his friends argue the evidence thus far proves she did consent. The two parties have vastly different versions of what happened.

The judge points out there is testimony and evidence that could make a jury believe one or the other but that’s not up to him to decide.

Rose and his accuser are scheduled to battle it out in court when the trial begins later this year.