LAWSUIT: Ex-UMarylandBC Baseball Players, Part of National Trend, Suing Accuser in Court
Three former baseball players from the University of Maryland, Baltimore County are suing a woman who accused them of sexual assault, part of a growing trend of male students facing sexual assault claims taking their female accusers to court. The defamation, malicious prosecution, abuse of process and invasion of privacy claims were filed recently in response to a civil lawsuit the woman brought against the men in Baltimore County Circuit Court. Defamation claims are the new legal tool for men to clear their name and get their accuser to drop sexual assault complaints, according to legal experts. The defamation cases usually end in settlements.
Defamation claims are difficult to track because most are filed in state courts. Eric Rosenberg, an Ohio defense attorney, has filed 20 lawsuits against universities in Maryland and across the country on behalf of men accused in campus sexual assault cases. He said he has also filed a defamation suit against the accused woman along with almost every due process case. “Without defamation, the accused can’t put it behind them,” Rosenberg said. “It’s only through defamation cases that people stop spreading the rumors and students can move on academically and professionally.” He said even if students win their due process cases against the universities and get their discipline records expunged, the cases can follow them. For example, many licensing boards and graduate schools still require disclosure of all school disciplinary cases. The women may continue to post on social media or elsewhere about the case. And many men found themselves accused and then expelled from schools — their academic and professional careers over, Rosenberg said.
Last fall, the Department of Education proposed new Title IX rules governing schools’ reaction to sexual assault and harassment. The rules would improve defendants’ access to evidence and the right to cross-examination.
baltimoresun-Catherine Rentz
