Nate Jaqua Accused of Sexual Assault

Discussion in 'MLS: News & Analysis' started by BuffloSoldier, Jul 2, 2009.

  1. USvsIRELAND

    USvsIRELAND Member+

    Jul 19, 2004
    ATL
    How does she plan on proving this?
     
  2. kenntomasch

    kenntomasch Member+

    Sep 2, 1999
    Out West
    Club:
    FC Tampa Bay Rowdies
    Nat'l Team:
    United States
    You'd have to ask Randall Vogt that.
     
  3. Beau Dure

    Beau Dure Member+

    May 31, 2000
    Vienna, VA
    Plaintiff's name is spelled two different ways in the first two references on the complaint.
     
  4. Clip

    Clip Member

    Nov 27, 2007
    Bayou City
    Club:
    Houston Dynamo
    Nat'l Team:
    United States
    That seems strange. Then again, some of the soccer stories I read make me think half the reporters out there troll BS for ideas, so I guess I should give it a few more hours.
     
  5. gstommylee

    gstommylee Member+

    Oct 3, 2008
    Club:
    Seattle Sounders
    MLSrumors site just posted about it.
     
  6. Yoshou

    Yoshou Fan of the CCL Champ

    May 12, 2009
    Seattle
    Club:
    Seattle Sounders
    Nat'l Team:
    United States
    The P-I got ripped to shreds for breaking the Fredy Montero rape allegation. I'm sure they are a bit gunshy. Not to mention, just because it's on this message board, doesn't mean it has floated up to the press and that they've contacted everyone for comment yet. I know the P-I has gone online only, but I doubt they'd kick out a blog entry that just says "Jaqua sued for sexual assault". You're also more likely to get something out of The Seattle Times. Due to the P-I's small size, it doesn't actually have anyone covering the Sounders. The Times has Jose Romero covering the team full time.
     
  7. Yoshou

    Yoshou Fan of the CCL Champ

    May 12, 2009
    Seattle
    Club:
    Seattle Sounders
    Nat'l Team:
    United States
    OMG! Now the story is totally going to break wide open!!!!
     
  8. Yoshou

    Yoshou Fan of the CCL Champ

    May 12, 2009
    Seattle
    Club:
    Seattle Sounders
    Nat'l Team:
    United States
    And just to see if I can get three in a row...

    I believe the reason they think they can get away with suing MLS and the teams is listed in section 11. In that Jaqua presented himself to the players as a representative of MLS.
     
  9. gstommylee

    gstommylee Member+

    Oct 3, 2008
    Club:
    Seattle Sounders
    It'll take a day or so before it goes to the media.
     
  10. kenntomasch

    kenntomasch Member+

    Sep 2, 1999
    Out West
    Club:
    FC Tampa Bay Rowdies
    Nat'l Team:
    United States
    They didn't have it first? Amazing.
     
  11. kenntomasch

    kenntomasch Member+

    Sep 2, 1999
    Out West
    Club:
    FC Tampa Bay Rowdies
    Nat'l Team:
    United States
    Well, I would hope that if you took a lot of shit for the way you handled things one time would make you want to due your due diligence the next time.

    I'm sure.

    I thought the Times went online only? It was the P-I? I can't remember.

    Why couldn't they? That's what blogs are for, right? And it's public record, right? You couldn't get slammed for reporting something that's in the public record, right?

    So you'd think it would be here, right?

    http://seattletimes.nwsource.com/html/soundersfcblog/index.html

    Watch this space, I guess. He did post something at 2:22 this afternoon (if that's PT, that's about 18 minutes ago), but not about Jaqua.
     
  12. gstommylee

    gstommylee Member+

    Oct 3, 2008
    Club:
    Seattle Sounders
    The Seattle PI went online only.
     
  13. kenntomasch

    kenntomasch Member+

    Sep 2, 1999
    Out West
    Club:
    FC Tampa Bay Rowdies
    Nat'l Team:
    United States
    Okay, I knew it was one of them. Just had the wrong one, thanks.
     
  14. Yoshou

    Yoshou Fan of the CCL Champ

    May 12, 2009
    Seattle
    Club:
    Seattle Sounders
    Nat'l Team:
    United States
    You'd think, but like I said, P-I is a small operation now. They pretty much rely on AP articles for Sounders info.

    No. It was the P-I. The Times is just half a step from bankruptcy and was actually expected to go under before the P-I did.

    The P-I is trying to come off as an "online newspaper". So one step above blog. They do have a rather significant amount of blogs on their site now, but for the big stuff, they still have to go through their editorial process.


    Yes. Any breaking news about the Sounders should come up there first, but sometimes Romero will post his article first and then just drop a link to it on his blog.
     
  15. Max Zorin

    Max Zorin Member

    Jan 29, 2009
    Club:
    Tottenham Hotspur FC
    Nat'l Team:
    United States
    I don't see how this girl can prove anything if there wasn't a criminal report filed. Rape cases are notoriously difficult to prove; it's just her word against his, and the only thing the woman sometimes has on her side is a hospital exam or police report. I understand the psychological aspect of the situation (and I'm not saying that this incident did not in fact occur), but I don't understand how her lawyer intends to prove anything at all if they don't have anything like that.

    I also can't see how she's going to successfully drag the Galaxy or Dynamo into this. Her lawsuit seems to be arguing for an extremely thin application of the respondeat superior doctrine, which says that the employer can be held liable for his employee's torts if the tort was committed within the scope of the employment relationship. But even if Jaqua was in town on his employer's business, he was in a bar, at night, when he met this girl - not remotely within the scope of his employment. (Though if I'm not mistaken, Oregon law is very pro-plaintiff in these types of cases - can any Oregon lawyers verify?)

    I have no idea what really happened that night, but given the nature of the claims and their essential impossibility of being proven (and the fact that nothing was done in the immediate aftermath of the alleged assault), I have little doubt that this is about obtaining a very quick, quiet settlement, with her and her attorney being fully aware of the fact that none of the defendants wants this kind of publicity.
     
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  16. kenntomasch

    kenntomasch Member+

    Sep 2, 1999
    Out West
    Club:
    FC Tampa Bay Rowdies
    Nat'l Team:
    United States
    How much business do the Galaxy or Dynamo regularly do in Portland, Oregon?

    Given the Galaxy's schedule, it seems as though Yallop might have given the team that weekend off and he may have gone back to Oregon for the weekend, we don't know. I'm not a lawyer or a judge, but I would roll my eyes if anyone really said with a straight face that he was in town under the pretense of doing business for his employer. But that's just me.
     
  17. Smurfquake

    Smurfquake Moderator
    Staff Member

    Aug 8, 2000
    San Carlos, CA
    Club:
    San Jose Earthquakes
    Nat'l Team:
    United States
    Did they maybe have a friendly in Portland around that time? Probably the Beckham-led Galaxy wasn't playing such low end friendlies, but the Quakes have played the Timbers in friendlies a few times.
     
  18. Max Zorin

    Max Zorin Member

    Jan 29, 2009
    Club:
    Tottenham Hotspur FC
    Nat'l Team:
    United States
    http://www.canadawest.org/sports_team_feature.aspx?id=10&storyid=81

    This story on her injury, rehabilitation, and comeback is very fishy. I understand the argument that she may have not wanted to publicly blame her absence on being raped, but it does reflect very poorly on her credibility at all if she's been giving interviews in which she blames her absence on knee injuries instead.

    People in this situation generally refer to "personal reasons." They don't go into rather extensive detail about the effect of damaged ligaments, infections, and multiple surgeries.

    I can see AEG's lawyers showing these stories in court and ripping her case to shreds.
     
  19. Max Zorin

    Max Zorin Member

    Jan 29, 2009
    Club:
    Tottenham Hotspur FC
    Nat'l Team:
    United States
    After actually reading her complaint, it seems that her attorney is making an argument he's not particularly confident in. He's arguing that Jaqua held himself out as a "representative of MLS," and that it was his status as an MLS player that enabled him to make friends with this girl. I'm not aware of any legal theory that would make MLS vicariously liable on those facts alone, but then the attorney attempts to tie it to the scope of the employer-employee relationship - not very well, either:

    "At the times Jaqua befriended Plaintiff and induced her to trust him, thus enabling him to perpetrate a sexual assault upon her, Jaqua was motivated, at least in part, to serve his teams, Galaxy and Dynamo, and MLS, LLC, was operating largely within the time and space of his employment, and was engaged in work he was hired to perform."

    As for the argument he's making, :rolleyes::rolleyes::rolleyes:

    And yes, it also really bothers me when lawyers don't proofread their documents before submitting them to a court of law.
     
  20. gstommylee

    gstommylee Member+

    Oct 3, 2008
    Club:
    Seattle Sounders
    I would say more so on Medical Records.
     
  21. kenntomasch

    kenntomasch Member+

    Sep 2, 1999
    Out West
    Club:
    FC Tampa Bay Rowdies
    Nat'l Team:
    United States
    The fact he's tall and athletic and personable didn't factor into it? ;)
     
  22. GOALSeattle

    GOALSeattle Member

    Oct 13, 2007
    Seattle
    Club:
    Seattle Sounders
    Nat'l Team:
    United States
  23. kenntomasch

    kenntomasch Member+

    Sep 2, 1999
    Out West
    Club:
    FC Tampa Bay Rowdies
    Nat'l Team:
    United States
    That's remarkable.

    Even in the pantheon of Outrageous Things People Argue In Court, that's remarkable.
     
  24. soccermaul

    soccermaul Red Card

    May 28, 2009
    On the Bus..
    Club:
    --other--
    Nat'l Team:
    United States
  25. Max Zorin

    Max Zorin Member

    Jan 29, 2009
    Club:
    Tottenham Hotspur FC
    Nat'l Team:
    United States
    Wow. Well, compared to that, this case is a slam dunk.
     

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