A brief reminder for Derrick Rose: A rape victim's sexual history is irrelevant

Source: AP
Source: AP

According to NBA player Derrick Rose, the woman who accused him of drugging and gang-raping her later had sex with another man, and on these grounds cannot have been raped by Rose. 

Gossip site TMZ Sports reported Monday it had obtained a text the Jane Doe in the case sent to her roommate in November 2014. The text, which allegedly refers to Los Angeles Laker Nick Young, reads "since u goin to nicks can u please tell him to give u my bra lol." According to TMZ, its suggestion that the woman had previously slept with Young raises "a major question about her credibility," since she has claimed to be "'prudish' and sexually inexperienced."

Derrick Rose was traded by the Chicago Bulls to the New York Knicks in June 2016.
Source: 
Mary Altaffer/AP

In August 2015, Jane Doe accused Rose and two of his friends of having drugged her and then raped her while she was passed out. The incident occurred in August 2013, and since she filed her civil suit, the case has become a battle over consent — did she give it and how drunk was she during the encounter. 

That TMZ is the site breaking this news isn't exactly surprising — its previous coverage of the case includes "Derrick Rose accuser consented to group sex ... mad over sex toy" and "Derrick Rose 'rape' lawsuit is ... just a money grab." As evidenced by the parade of victim-blaming headlines the tabloid ran after Amber Heard accused then-husband Johnny Depp of domestic violence, TMZ tends to take the side of the accused abuser. 

According to TMZ, Jane Doe's sexual history is central to the case against Rose, but it shouldn't be. Rose and his legal team would seem to be missing two very important points about consent: It can only be given on a case-by-case basis, and cannot be given when a person is intoxicated. That a woman goes on to sleep with one man does not mean she wasn't previously raped by another. Thanks for playing, but no. 

"Confused Nick Young meme" may as well have been made for this moment.
Source: 
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Claire Lampen

Claire is a staff writer at Mic who covers women's issues and reproductive rights. She is based in New York and can be reached at claire@mic.com.

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