Nate Jaqua Accused of Sexual Assault

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

  1. gstommylee

    gstommylee Member+

    Oct 3, 2008
    Club:
    Seattle Sounders
    This isn't a criminal case only a civil case you can't argue to stay Jaqua is gulity in a civil case. Its either you are liable for damages or not but to prove that with zero evidence is hard.
     
  2. gstommylee

    gstommylee Member+

    Oct 3, 2008
    Club:
    Seattle Sounders
    http://seattletimes.nwsource.com/html/sounders/2009416403_sounders04.html

     
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  3. kenntomasch

    kenntomasch Member+

    Sep 2, 1999
    Out West
    Club:
    FC Tampa Bay Rowdies
    Nat'l Team:
    United States
    So the timing of the suit had nothing to do with when the Sounders played in Portland, we know that (if he's never been served). I still haven't heard if it was a statute of limitations deal or if it was purely coincidental.

    If, in the last two years, he has actually never been contacted by anybody and this has come completely out of the blue, it's just more puzzling to me how you could hope to be able to prove anything. The statement at 4pm should be interesting.
     
  4. pething101

    pething101 Member

    Jul 31, 2001
    Smyrna, Ga
    Club:
    West Ham United FC
    Nat'l Team:
    United States
    What is the next step in the process?

    Discovery?

    How far away might that be?

    Based on the article that just quoted ... unless she kept some physical evidence lying around a la Monica Lewinsky ... Jaqua would seem to be in a strong bargaining position.
     
  5. kenntomasch

    kenntomasch Member+

    Sep 2, 1999
    Out West
    Club:
    FC Tampa Bay Rowdies
    Nat'l Team:
    United States
    I don't know. Doesn't somebody have to depose somebody at some point?
     
  6. Max Zorin

    Max Zorin Member

    Jan 29, 2009
    Club:
    Tottenham Hotspur FC
    Nat'l Team:
    United States
    Well, Jaqua needs to be served with a copy of the complaint for there to be a lawsuit at all. It's interesting that he hasn't been served yet. I would assume they'd mail it to him, but I'm not sure how she'd know his address based on the facts of the complaint (unless maybe she's actually some type of acquaintaince/ex-girlfriend?).

    Then Jaqua/Galaxy/Dynamo/MLS all get to respond to the complaint (which is honestly almost a formality - they'll just deny everything).

    Then you go to discovery, assuming there aren't motions to deal with.

    Interesting point about Jaqua's granddad - his family may have some serious money, which makes the idea of suing him for $10 million make more sense. The attempt to implicate MLS and Jaqua's teams is really thin, but her lawyer's probably thinking it doesn't really matter if Jaqua's family is loaded.

    Never mind whether the alleged events actually happened (again, they may have), but take it from a lawyer - this lawsuit seems pretty downright bizarre. I have no idea how her lawyer plans to prove what she has alleged. No police report was ever filed, no rape was ever reported, the girl is playing soccer now (which she says in her complaint she couldn't do) - all very bad facts.

    I actually think the defendants would be stupid to settle too quickly. They've gotta at least demand to see something.
     
  7. pething101

    pething101 Member

    Jul 31, 2001
    Smyrna, Ga
    Club:
    West Ham United FC
    Nat'l Team:
    United States
    Maybe I am overthinking it but her lawyer has to know all of this too yet he still filed the suit. Perhaps she did hold on to some physical evidence ... anything with his DNA on it would strengthen her case.
     
  8. gstommylee

    gstommylee Member+

    Oct 3, 2008
    Club:
    Seattle Sounders
    I really doubt there will be any evidence on the alleged case even if she attempted to collected it her self. It could be argued as tainted evidence and tossed out.
     
  9. GOALSeattle

    GOALSeattle Member

    Oct 13, 2007
    Seattle
    Club:
    Seattle Sounders
    Nat'l Team:
    United States
    "The allegations contained in this civil lawsuit are completely incompatible with everything that the people closest to Nate know about him. Nate is a terrific person. At age 28, he's never been in trouble in his life. He was born and raised in Eugene and has always been committed to making positive contributions to our community.
    "Looking at this Complaint, the circumstances under which it was filed, and based on everything that Connie and I know about Nate, we can only conclude that the plaintiff in this case is a troubled young woman. The incident allegedly took place more than two years ago. In the intervening two years, the plaintiff apparently never reported any incident to the police. She apparently never went to the District Attorney. Neither she nor her lawyer ever approached Nate or us, his family. Instead, her initial platform for making these very troubling and detailed allegations of criminal conduct is a civil lawsuit demanding $10 million, filed just one day before the statute of limitations would have extinguished her ability to demand money.
    "We steadfastly support Nate during this difficult time and will continue to do so."

    Jaqua's parents, this afternoon

    http://blog.seattletimes.nwsource.com/sounders/2009/07/03/statements_on_nate_jaqua_situa.html
     
  10. Beerking

    Beerking Member+

    Nov 14, 2000
    Humboldt County
    Right, because there aren't any female cops.
     
  11. kenntomasch

    kenntomasch Member+

    Sep 2, 1999
    Out West
    Club:
    FC Tampa Bay Rowdies
    Nat'l Team:
    United States
    Chain chain chain....chain of evidence.
     
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  12. kenntomasch

    kenntomasch Member+

    Sep 2, 1999
    Out West
    Club:
    FC Tampa Bay Rowdies
    Nat'l Team:
    United States
    Wish I'd said that.
     
  13. GOALSeattle

    GOALSeattle Member

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

    kenntomasch Member+

    Sep 2, 1999
    Out West
    Club:
    FC Tampa Bay Rowdies
    Nat'l Team:
    United States
    Well, that settles the statute of limitations question (did the reporter say "statue?").
     
  15. gstommylee

    gstommylee Member+

    Oct 3, 2008
    Club:
    Seattle Sounders
    Its the only way you can file a lawsuit based on nothing but hearsay
     
  16. Mateofelipe

    Mateofelipe Member+

    Mar 10, 2001
    Spokane, WA
    Club:
    Seattle Sounders
    Nat'l Team:
    United States
    I refer the honorable ladies and gentlemen to the repy I gave at https://www.bigsoccer.com/forum/blog.php?b=5912#comments

    I think he must have meant Bigsoccer.com, because every law-trained reader on here, on blogs linked to here, etc., has opined that the inclusion of the league and the clubs is baseless, frivolous, and soon-to-be-dismissed. And some laymen have come to the same conclusion. You don't need a law degree to recognize shameless gold-digging.

    I am comforted by Nate's blanket denial. I was afraid a real victim might have been represented by a legal circus clown. This was either consensual behavior, and God bless America for being a semi-free country, or it didn't happen. My instincts about people are usually on the mark, and when I ignore them, I get burned. My sense about Nate is that, at worst, he is a tad cocky, and that he is a stand-up guy who you want on your side in a fight. Assuming his lawyer is not a sack of shit like Vogt, the statement would have been more circumspect if there was any truth at all to the allegations.

    I am not an Oregon attorney, so this is not a considered legal opinion, but the opinion of a concerned citizen, and an admittedly interested SSFC fan:

    Mr. Vogt, you disgrace our profession. I am a poor man sending applications to Public Defender agencies, but, if you sleep better than me at night and drive a nicer car, it is because you have no conscience. You have your meager reward. Now take it to hell. If you are doing this nonsense for a real victim, your crime is even greater. I believe him and doubt her because of her association with you.
     
  17. SixKick

    SixKick Moderator
    Staff Member

    Nov 13, 2000
    Club:
    Club América
    Nat'l Team:
    Mexico
    What hearsay is involved here?
     
  18. gstommylee

    gstommylee Member+

    Oct 3, 2008
    Club:
    Seattle Sounders
    She claiming that Jaqua sexually assault her 2 years ago which in fact she didn't file a police report or worked with the violent crime unit which means it probably didn't happen and she filed the lawsuit 1 day prior to staute of limitation.

    Since she doesn't have evidence which there would been if it actually happen and filed a police report. IMO i call her claim of sexual Assault hearsay (she says he says) based on that she never filed a police report or worked with the violent crime unit. And until she has actually evidence of such of event which i doubt she'll ever get. It won't go far in courts cause the defense will probably file motion of dismissal based on merit and have it tossed.

    If she had evidence that such an event occurred criminal charges would been brought 2 years ago and we would been hearing it on the news media back then. The fact that no charges were ever brought or sought (2 years ago) i question her credibility.

    You just don't wait 2 years in this kind of situation.
     
  19. tambo

    tambo Member

    Jun 9, 2007
    I have nothing to add here except to say: What a fascinating couple of weeks it's been in the American soccer world.
     
  20. SixKick

    SixKick Moderator
    Staff Member

    Nov 13, 2000
    Club:
    Club América
    Nat'l Team:
    Mexico
    Oh, you're using the casual definition of hearsay. I thought you were using the legal term hearsay, which has a narrower definition.

    Legally speaking, hearsay is statements made outside of a judicial proceeding.
     
  21. gstommylee

    gstommylee Member+

    Oct 3, 2008
    Club:
    Seattle Sounders
    Yep that how i was using. Like i said it won't get you far in the case if that's the only thing she is basing it on. If she had a witness that might be enough for the lawsuit with withstand a motion of dismissal (which i doubt she has)
     
  22. milicz

    milicz Member+

    Dec 2, 2001
    Club:
    Chicago Fire
    Nat'l Team:
    Poland
    You both should stop using the word hearsay, your license has been revoked. ;)
     
  23. milicz

    milicz Member+

    Dec 2, 2001
    Club:
    Chicago Fire
    Nat'l Team:
    Poland
    First you get the written discovery, Nate will be able to demand any documents or proof of the alleged incident, this will take 90 days minimum after that Nate actually answers the complaint, unless it gets dismissed first under some basis. You're probably not looking at depositions until at least spring of '10.
     
  24. gstommylee

    gstommylee Member+

    Oct 3, 2008
    Club:
    Seattle Sounders
    Well with lack of police report and what not I'll be surprised if it doesn't get dismissed.
     
  25. I love how it's hands across America for this guy who could be a rapist... He might be innocent, but maybe not. It is best to reserve judgement. I knew a girl very well in college who had been raped in similar fashion to this, and she didn't press charges right away either. She didn't want to make her life seem any more difficult at that point. She ended up leaving school for a year and filing a suit from home, which was settled out of court with little publicity during the summer.

    She had no physical evidence, but there was a witness who actually went to security that night and described hearing a disturbance that sounded like a rape (his words) coming from a room in his dorm somewhere near his. Security investigated, but didn't find or hear anyone in distress. They did record the incident however, and when my friend filed the suit she indicated the rape occurred in that area, actually one door down and one floor up from the witness. That was enough apparently.

    I knew the guy who did it, and he seemed like an OK guy as well, but I have no doubt that he raped my friend. She had no reason to lie. Just because a person wants the guy who raped her to pay up doesn't mean she is lying. The MLS associations in this case may seem like reaching, but there are implications in court involving "trusted persons" such as coaches. I don't really think this could apply unless Jaqua was under the employ of U of O at the time. Was he coaching or anything as a representative agent of MLS? Lots of players do that. If so then there are many precedents to support her claims.

    I actually went to U of O law school, and having lived in Eugene for a while I can tell you it isn't the place for a hot girl to go walking around alone at night. My girlfriend didn't go out by herself at night, that is for sure.

    Careless or not, this girl didn't deserve what apparently Nate might have done to her. In light of the facts it seems likely that something did in fact happen. At this point there is no way to know if there are any witnesses or what evidence she has. Maybe she took pictures. Maybe someone saw or heard something.

    We still don't know, but usually when an attractive young female athlete with her whole life ahead of her comes out and claims she was raped, something happenned. Being a rape victim is hardly what someone like her aspires to be portrayed as. Everyone who automatically doubts her needs to step back for a second. YOU are the reason girls fear coming forward when they are raped, which in turn makes it easier for men to abuse them. Our society is still totally sexist. Look at all the people who support Chris Brown. If I met him in the street I would spit in his face and "run it" into the pavement. Nate might have peed on this girl! (urine soaked clothing has plently of DNA, btw, maybe she saved it)
     
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