Dwight Howard Shut Down in Plea to Dismiss Male Accuser’s Lawsuit Over Alleged Sexual Assault, Headed to Trial
Dwight was shut down in court.
Feb. 22 2024, Published 11:05 a.m. ET
Dwight Howard’s attempt to dismiss the assault lawsuit — brought against him by a man who claimed he was forced to have a threesome at the NBA star’s home — was shut down.
According to court documents obtained by RadarOnline.com, a hearing was held this week in Stephen Harper’s lawsuit against Howard.
The ex-NBA star will have to face off with Harper in court.
The judge heard arguments from both sides including on Howard’s motion for summary judgment in the case.
In his motion, Howard argued that all claims should be dismissed. He claimed his interactions with Harper were consensual and he did not commit sexual assault.
Howard admitted to the sexual encounter but denied he assaulted Harper.
Howard submitted a series of text messages that he claimed Harper sent after the alleged assault — that showed Harper asking to hang out again.
Harper disputed the authenticity of the messages.
Despite Howard’s plea, the judge presiding over the case denied his motion to dismiss the case. The order said, “[Howard] also moves for summary judgment, arguing that all sexual activity in the suit was consensual. In response, [Harper] submits affidavit and other evidence raising triable issues of material facts.”
The order said, “Therefore, this court HEREBY DENIES [Howard’s] motion for summary judgment.”
Howard submitted texts from Harper as evidence in his effort to dismiss the case.
As a result, Howard and Harper will not prepare for trial in the case.
As RadarOnline.com first reported, last year, Harper sued Howard for assault, battery, intentional infliction of emotional distress, and false imprisonment.
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In his lawsuit, Harper said he met Howard on Instagram. He said he sent the ex-NBA star a direct message which led to them exchanging phone numbers.
Harper claimed the conversations quickly turned sexual with Howard asking for explicit photos and videos. The two talked for weeks before Howard invited Harper over to his home on July 19, 2021.
Harper on Instagram.
Harper claimed they went to his room. He said they started kissing and getting intimate. Harper said Howard then left the room and returned with a man dressed as a woman named Kitty.
Harper claimed he had no idea Kitty was going to be present. Harper said Howard wanted to have a threesome.
In his filing, Harper claimed Howard forcibly performed a sexual act on him without consent.
“[Howard] stood up (towering over Mr. Harper), grabbed Mr. Harper by the thighs, forcibly removed Mr. Harper’s underwear, held Mr. Harper down, and performed nonconsensual oral sex on Mr. Harper,” the suit read. “Mr. Harper was in fear of imminent bodily harm when he was pinned down and forced to remain in place while [Howard] continued to sexually assault him.”
Harper claimed Howard then forced him to perform oral sex on Howard. His lawsuit demanded unspecified damages.
Howard fired back at the lawsuit claiming the encounter was consensual. He did not deny meeting Harper or that Kitty was present.
Howard recently battled it out with his ex Tiffany Render over custody of their daughter.
His lawyer said the three had “agreed to touch one another and to engage in consensual sexual activity.”
Howard said the case was “nothing more than a classic case of unrequited love.” He claimed Harper created the abuse allegations when he cut off contact with him.
A jury will now decide the case.
On top of the assault lawsuit, Howard recently battled it out with his ex Tiffany Render over custody of his 14-year-old daughter.