Howard and his lawyer have said the encounter was "consensual sexual activity"
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A civil lawsuit against former NBA star Dwight Howard alleging sexual assault and battery was dismissed on Monday, according to ESPN. The dismissal was filed in Gwinnett County Court in Georgia.
The lawsuit was originally filed by Georgia man Stephen Harper in July 2023. Harper dismissed all the claims he had asserted against Howard with prejudice, meaning he cannot refile a lawsuit on those claims.
The incident occurred in July 2021 at Howard's home in Georgia and Harper's July 2023 complaint also accused Howard of "intentional infliction of emotional distress" and false imprisonment.
When Howard denied the allegations in an October filing, the eight-tie NBA All-Star claimed that he and Harper engaged in "consensual sexual activity." Howard's attorney also told ESPN that the alleged incident was "consensual" and only made public after a demand for payment.
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Center Dwight Howard #12 of the Taoyuan Leopard reacts at the courtduring the T1 League game between TaiwanBeer HeroBears and Taoyuan Leopards at University of Taipei Tianmu Gymnasium on February 19, 2023 in Taipei, Taiwan. (Gene Wang/Getty Images)
"What was a private consensual encounter was made public for profit and Mr. Howard looks forward to bringing the truth to light in a court of law," Justin Bailey told ESPN. "The allegations against Mr. Howard are contested. Mr. Howard intends to present the truth."
Harper’s attorney Olga Izmaylova previously gave a statement to Fox News Digital in October on the case.
"We had some independent investigation to conduct and Mr. Harper had some private factors to consider before we all felt ready to proceed with the lawsuit," Izmaylova said. "It has come to my attention that Mr. Howard is now attempting to label my client’s filing of this lawsuit as an act of extortion, which is absolutely false. Mr. Harper is exercising his legal rights, in accordance with Georgia law, and seeking redress for the unlawful acts he endured."
Izmaylova added that a motion to dismiss the case had not yet been filed at the time.
Howard then argued in a December filing that the accusations against him were baseless and asked the court to immediately rule in his favor and dismiss the lawsuit without a trial. A judge denied that request in February.
Dwight Howard #39 of the Los Angeles Lakers warms up ahead of their NBA game against the Toronto Raptors at Scotiabank Arena on March 18, 2022 in Toronto, Canada. (Cole Burston/Getty Images)
"This is nothing more than a classic case of unrequited love," Howard's lawyers wrote in the December filing obtained by ESPN. "After one consensual evening together, Mr. Howard was no longer interested in keeping Mr. Harper's company."
Howard spent 18 years in the NBA, winning an NBA championship with the Lakers in 2020.
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Jackson Thompson is a sports writer for Fox News Digital. He previously worked for ESPN and Business Insider. Jackson has covered the Super Bowl and NBA Finals, and has interviewed iconic figures Usain Bolt, Rob Gronkowski, Jerry Rice, Troy Aikman, Mike Trout, David Ortiz and Roger Clemens.
