LOS ANGELES (AP) " Lawyers for NBA star Derrick Rose and two friends accused of raping an incapacitated woman say the accuser willingly had sex with the trio, and that she performed sex acts on the men earlier that night at Rose's mansion in Beverly Hills.
The opening statement in the civil case, from the woman's lawyer, had called the incident a "classic gang rape," but the defense on Tuesday described the August 2013 incident as something like a scene from a porn movie.
Addressing jurors at the Los Angeles federal court, they said the woman gave lap dances by the side of Rose's pool overlooking the city lights, performed oral sex on Rose and had sex with his two friends before inviting them back to her apartment.
"There was no gang rape," attorney Mike Monico said. "There was no rape at all."
The woman's lawyer said the story about her having sex earlier in the night was falsely concocted to try to portray her as insatiable and that she willingly had sex with the men later that night. He said the three got into her apartment in the early morning hours after she passed out from drinking and raped her while she faded in and out of consciousness.
"The plaintiff will tell you all three men were in the bedroom at the same time," attorney Waukeen McCoy said. "Each of them took turns raping her, they don't even know who went first."
The Associated Press is not naming the 30-year-old woman because it generally doesn't identify people who say they are victims of sexual assault.
The jury of six women and two men will have to rely primarily on her word against that of Rose and the other two men, Ryan Allen and Randall Hampton. There is no physical evidence because the woman was not examined by a doctor afterward and did not report the rape to police for two years, after filing the $21 million suit.
McCoy said the woman was too embarrassed to initially report the incident.
After sex, Rose took his condom, put it back in the wrapper and took it with him "like he was never there," McCoy said.
NBA players are instructed to flush their condoms down the toilet or take them so women can't use the sperm to impregnate themselves, Rose's lawyer said.
Rose, 28, was traded to the New York Knicks this season after spending his previous seven years in his native Chicago with the Bulls. He's in the final year of a five-year deal that will pay him $21.3 million, almost identical to what the plaintiff is seeking.
"It's a sad effort to get a lottery hit," attorney Mark Baute said of the lawsuit.
Rose, who was not in court after Tuesday's preseason opener in Houston but expected to be present Thursday.
This story has been automatically published from the Associated Press wire which uses US spellings