DA’s decision to spare Dodgers pitcher from sexual assault charges sparks debate on ‘rough sex’ defence

‘This case raises the question of how far does consent go? Where are the limits?’ says law professor Laurie Levenson

LA Dodgers pitcher Trevor Bauer will not be charged over a woman’s accusations of sexual assault, prosecutors have announced (AP)

After a five-month review, prosecutors have decided not to indict Los Angeles Dodgers pitcher Trevor Bauer on sexual assault charges. But legal experts say that’s far from the end of the story.

Last summer, a San Diego woman accused Mr Bauer of punching and choking her during two sexual encounters at his home in Pasadena. Mr Bauer has denied the allegations, saying they’d simply had “consensual rough sex”.

On Tuesday, a district attorney appeared to accept that argument – or at least concede that it would be too difficult to refute in court.

“After a thorough review of all the available evidence including the civil restraining order proceedings, witness statements and the physical evidence – the People are unable to prove the relevant charges beyond a reasonable doubt,” the Los Angeles County DA’s Office said in a statement. “Those charges were assault by means likely to cause great bodily harm, sodomy of a sleeping person and domestic violence.”

But experts say declining to bring charges in this case – in which the accuser claims she suffered horrific, violent abuse – opens up more questions than it answers.

“This case raises the question of how far does consent go?” Laurie Levenson, a professor at Loyola Law School, told the Los Angeles Times. “Where are the limits?”

Others said the concept itself of “consensual rough sex” is fraught with unclear boundaries.

“Usually it’s all or nothing,” former federal prosecutor Neama Rahmani told the Times. “Usually it’s, ‘I went to his house and maybe I wanted to do X, Y, and Z, but I certainly didn’t want to have sex with him.’ There’s a clear line. When the line becomes blurry – ‘I wanted rough sex, but I didn’t want to be choked to the point of unconsciousness’ – when does one cross the line?”

Mr Bauer has stated unequivocally that he did not assault his accuser. On Tuesday, just after the DA’s office made its announcement, he posted a video telling his fans his side of the story.

“I never punched this woman in the face,” the athlete said. “I never punched her in the vagina. I never scratched her face. I never had anal sex with her, or sodomized her in any way. I never assaulted her in any way at any time. And while we did have consensual rough sex, the disturbing acts and conduct that she described simply did not occur.”

Though Mr Bauer is not facing legal charges, that does not mean he will return to Major League Baseball any time soon. The MLB has been conducting its own investigation, and has placed Mr Bauer on administrative leave since July. It could still choose to suspend him.

“MLB’s investigation is ongoing, and we will comment further at the appropriate time,” the League told the Associated Press on Tuesday.

The Independent has reached out to Mr Bauer for comment.