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Two grand juries in Texas declined to convey criminal prices towards former Houston Texans quarterback Deshaun Watson who was traded earlier this month to the Cleveland Browns – a deal that has since stirred questions concerning the group’s choice to convey him in regardless of 22 ongoing civil lawsuits alleging sexual assault and harassment.
However a outstanding Texas-based criminal legal professional who makes a speciality of sexual abuse instances, believes these civil instances will make clear the victims’ claims.
Michelle Simpson Tuegel, who has represented sexual abuse and assault survivors in high-profile instances such because the Larry Nassar litigation, advised Fox Information Digital in an interview Tuesday that she was not shocked by the Harris County and Brazoria County grand juries’ selections to not convey prices towards Watson and that the result of these instances won’t essentially be the identical within the civil proceedings.
“I think where people really miss certain things is that the criminal process commonly fails adult survivors and the burden of proof in a criminal case is a lot higher than in a civil case or in an administrative investigation – like what the NFL conducted or what schools conduct for sexual assault on campus – a similar administrative type of investigation of sexual misconduct,” Simpson Tuegel defined.
“A lot of people think ‘well there’s no prosecution therefore these claims don’t hold weight’ and I see in my practice every day that that is not the case.”
Simpson Tuegel mentioned that round 80% of the victims she represents in civil proceedings have seen no criminal prosecution. She pointed to certainly one of her latest instances in Harris County the place the defendant was not charged by a grand jury regardless of “overwhelming evidence” however the sufferer in her case was in the end awarded $44 million in a civil lawsuit.
“The burden of and the evidence that is required for the civil claim is different.”
Simpson Tuegel mentioned civil instances may take months and “sometimes it takes years” to play out which may occur in Watson’s state of affairs.
Within the meantime, she expressed concern for the Browns’ and the NFL’s dealing with of the Watson trade, arguing that it sends a “chilling” message to sexual assault victims.
“What we have seen over the years is sadly a repeated pattern of the NFL favoring athletes over and at the expense of victims and I think especially in this MeToo or post-MeToo era, the NFL to some degree is trying to save face by giving the impression that they’re conducting an investigation and so their decisions and his $230 million contract are OK. But I think what’s missed there is this investigation and even in their admission, does not include speaking in depth with the victims.”
Simpson Tuegel was referring to feedback made by Browns’ basic supervisor Andrew Berry who didn’t say throughout Watson’s introductory press convention on Friday whether or not the group reached out on to any of the alleged victims throughout their impartial investigation.
“We as an organization know that this transaction has been very difficult for many people, particularly women in our community, and we realize that it has triggered a range of emotions, that as well as the nature of the allegations, weighed heavily on all of us,” Berry opened the convention by saying.
“It was really through this five-month odyssey and the information we were able to amass, the reference work, and obviously working through due process and the legal process, that got us comfortable pursuing a trade for Deshaun.”
However Simpson Tuegel disagrees.
“I think without that side of this it’s not a two-sided investigation … What they really want to do is keep these talented athletes in their organization making money for them rather than dig into and press pause at least until they can get to the bottom of what 22 different women are saying.”
She continued: “It has a chilling effect, not just on these women, but other survivors who are looking at this really public case.”
Browns followers have been divided over the Watson trade however many have spoken out towards it, one thing Simpson Tuegel says is an indication that “times are hopefully continuing to change.”
“I think it speaks to it being a different time and that, especially the number of women that have bravely come forward and have had to do so in a very public way without being anonymous – that carries weight for a lot of people,” she mentioned.
“This is not a pleasant process for these women to go through, especially when they’re having to do so publicly and with such a public person connected to it. So I think people are pushing back and Browns fans are standing up speaks to how times are hopefully continuing to change in regard to how we respond to allegations of sexual misconduct, in that the people have the power, the fans have the power to say nothing is more important than the safety of a human benign. Not football games, not money, not winning and the Browns fans standing up and saying that is really admirable, especially some of the public figures who have done so.”
Watson answered a number of questions concerning the validity of these allegations in his first look with the Browns on Friday and repeatedly denied any wrongdoing.