Atlanta, Georgia – A judge in Gwinnett County has denied a motion to dismiss a lawsuit accusing Dwight Howard, a former NBA player, of sexual assault and battery. The motion was filed by Howard’s lawyers, but Chief Judge Carla E. Brown ruled against it. Additionally, Judge Brown sealed an exhibit that Howard’s lawyers claimed contained explicit text messages.
In the lawsuit, filed in July 2023 by Stephen Harper, it is alleged that Howard sexually assaulted Harper at his residence in Georgia on July 19, 2021. Harper also accused Howard of intentionally inflicting emotional distress and false imprisonment.
Howard denied the allegations in an October filing, admitting only to engaging in consensual sexual activity with Harper. He claimed that he had expressed an interest in meeting up with Harper in Atlanta after their communication via text and Instagram messages started in May 2021. However, screenshots of these messages were included in the complaint.
Howard’s attorneys have filed another motion for summary judgment in his favor, but no trial date has been set as of yet.
According to Harper’s complaint, the encounter at Howard’s house took a turn when a friend of Howard’s arrived. Harper alleges that Howard referred to this friend as someone with whom he occasionally engages in threesomes. Howard denies making this statement. Harper claims that he expressed his disinterest in participating in a threesome and offered to leave, but Howard convinced him to stay.
Harper further alleges that Howard and the other man engaged in sexual acts without his consent, despite his objections. Harper states that he felt trapped in Howard’s bedroom and feared bodily harm due to the size advantage of both Howard and his friend.
In response, Howard’s attorneys assert that the sexual activity was consensual and argue that Harper filed the lawsuit as an act of revenge, intending to damage Howard’s reputation.
Harper reported the incident to the Gwinnett County Police Department in July 2022, identifying Howard as his ex-boyfriend. However, no charges were filed. Police records indicate that they made multiple attempts to interview Harper but received no response.
Dwight Howard, 38, last played in the NBA with the Los Angeles Lakers during the 2021-22 season. The lawsuit against him remains ongoing, and the court has yet to set a trial date.