Ben Roethlisberger Facing Civil Suit Over Alleged Sex Assault

Apparently Ben Roethlisberger's post Super Bowl offseasons are meant to be rocky.

Back in 2006, Roethlisberger took a header off a car in a very scary motorcycle accident that rearranged part of his face. Although he ended up making it back onto the field for part of training camp, he then was felled by appendicitis that forced him to miss the season opener and followed that up by being battered through much of the Steelers' Super Bowl defense.

Now, just a week before training camp starts, Roethlisberger is facing a civil suit that alleges he sexually assaulted a woman. According to Pro Football Talk, the civil suit alleges that Roethlisberger asked Harrah's casino employee Andrea McNulty up to his room in the casino to fix his television, then sexually assaulted her. The suit charges Roethlisberger with six different civil charges: assault, sexual assault, false imprisonment, false pretenses, fraud and intentional infliction of emotional distress.

Reno Gazette-Journal: Lawsuit Against Roethlisberger (PDF)
Stephanie Stradley: Examining Legal Issues Involved

Roethlisberger, through attorney David Cornwell, denied all of the charges in a statement to Pro Football Talk.

"Ben has never sexually assaulted anyone; especially Andrea McNulty," Cornwell said.

I'm not an attorney, but anyone who's watched any Court TV or Law and Order notices one interesting detail about this case: there is not a criminal case that preceded it. Usually in cases like this, the suspect is charged criminally, then a civil suit follows if the victim wants to receive monetary damages. As everyone remembers, that's what happened in the O.J. Simpson case. He was charged criminally first, was acquitted, then faced civil charges where he was ordered to pay $33.5 million to the families of Nicole Brown and Ron Goldman. It's worth noting that the standards of proof are lessened in a civil case (it's a preponderance of proof rather than proof beyond a reasonable doubt).

To have a criminal suit, two things are needed: 1) a person bringing the complaint, and 2) a decision by the authorities that there is enough evidence to file charges. It's not clear yet if McNulty has tried to file criminal charges.

One of the standard defenses in a case where a wealthy celebrity is involved is an attempt by the defense attorney to portray the person bringing the suit as someone who is only in it for the money. Having a civil suit go forward where no criminal complaint has been heard makes such a defense a lot easier to develop.

Reader Comments (Page 1 of 25)

7-21-2009 @ 2:39AM

gsan201 said...

IF it turns out he did it he needs to be punished....but now that i think about it hmmm another guy rapes a woman and this guy just sexually asaulted or harrrassed her so maybe since we don't want Double Standards...What was the other guys Punishment a couple years ago i think his name was KOBE something?He should get a little less punishment then that guy got since he did less.

7-21-2009 @ 3:00PM

Biggs said...

You are pathetic. You think he should be treated any different than Kobe. If you did a little research you would see that the woman in Colorodo was only after the money which she got and this is what this woman wants also. Do you think any high profile athlete has to assault or rape a woman. Women throw themselves at them, not because they care about them, but because they see dollar signs. You think this woman in Colorodo can't tell a lie. I suspect you dont like Kobe and want to believe the worst about him. It is ok not to like him. That is your right. I am reading these comments to see if I see the same vile comments about Ben that was posted about Kobe, but I only expect to see comments such as yours. So Sad

7-21-2009 @ 3:49PM

Steven said...

Biggs--your argument doesn't hold water. Rape, more often than not, isn't about the sex--it's about power. Not that Ben or Kobe actually did it, but to suggest that they didn't because "women throw themselves at them" is preposterous. I spent years working with sex offenders, some of them very attractive or well-to-do. In most cases, it wasn't about the sex--it was about having complete control and power over another person.

7-21-2009 @ 3:56PM

sskepticall said...

Right - its always a woman who throws themselves at these players because all women only see $$$ signs. Really???? Do athletes ever think that they are God's gift to women and that they are ALL dying to be with him? I know it is fun to bash women since few who post respect anything about them, but to be fair - these atheletes are pretty full of themselves don't you think?

As for Kobe - he was so guilty. So terribly guilty. Just because he paid her money doesn't mean he wasn't guilty. Think of Michael Jackson's payouts. Think he wasn't guilty?

7-21-2009 @ 5:25PM

adamskv8 said...

Ok. That Would Be A Double Standard Dumbass.

7-21-2009 @ 6:29PM

myface222 said...

Well I'm an Indianapolis fan so i don't really give a care!

7-21-2009 @ 7:19PM

junit5488 said...

Wow first Kobe, now its Big Ben's turn. It seems to me that these superstars need to stop messing around with these hotel workers!

7-21-2009 @ 7:43PM

hmmmmmmm........ said...

What a moron! You're probably an idiotic Steeler fan who'll wouldn't know decency if it slapped you.

7-22-2009 @ 3:24PM

haledav said...

An NFL quarterback can have as much as he wants, whenever he wants it ... he doesn't have to invent a broken TV in order to attack an unsuspecting hotel employee. This is not only bogus, but absurd on the face of it. The woman must be represented by Dewey, Cheatum & Howe. Unless they have hard DNA evidence, this is a nuisance suit all the way and should be thrown out by the first jurist who looks at it!

7-21-2009 @ 2:45AM

Oh now that I read the whole article instead of just the front page part, NO criminal charges? BEEN there done that,seen stuff like that happen way too many times to friends and other guys in workplace environments and that is usually just over someone breaking up wth someone else or disliking someone to ge them fired or seeing if they can get money out of a company. Yeah If she didn't go to the Police after this Happened Which most everyone would do makes it that much harder to believe.

7-21-2009 @ 5:24PM

Welcome Jeffrey said...

Alleluia to your response. Been railroaded in the workplace myself, and seen it happen to so maqny others. But one is always guilty without proof in these cases.

7-21-2009 @ 7:30PM

jplvhp said...

There could be good reasons for no criminal charges. If she has no evidence or witnesses, she has no criminal case. Just because there are no witnesses or evidence, does not mean the act wasn't committed. No rape means no semen to test for DNA. No bruises (it's an assault charge, not battery) means no visible evidence. It's possible the DA didn't accept the case, the author of the article obviously had no idea why there was no criminal case, just that there wasn't one. Statistics show that there are a far greater number of rapists that get away with it than women who fake it. A far far greater number.

7-23-2009 @ 10:01AM

Jasmine said...

jplvhp, there is no way to hide rape. The vaginal tearing and bruising either proves or disproves the charge. That is why a rape kit is essential. Without it, it is her word against his. If a 6'5" 250+ lb man holds you down and you put up a fight, there are bruises, trust me. She never reported rape or assault and a police investigation cannot be done without a police report. Why would a rape victim never report it to the police to see her assailant behind bars but contact an attorney to make sure her "pain and suffering" is compensated?

7-21-2009 @ 6:04AM

fuzzykat114 said...

she probably came on to him and got turned down so now she wants to go after him. if it happened as she says don't you think she would of gone straight to the police. i would have.

7-21-2009 @ 6:23AM

nickstoli said...

He got his, told her to get lost, she's now getting her revenge. Benji should've just gone to the Mustang Ranch. It's cheaper. Probably a hell of a lot cheaper.