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Cox, Thomas facing civil suit over alleged rape

Perrish Cox AP

The woman whom former Broncos cornerback Perrish Cox allegedly raped after she had passed out in his apartment will now be filing a civil suit against Cox and Broncos receiver Demaryius Thomas.

Cox was acquitted of criminal charges, even though:  (1) the woman was pregnant with a fetus whose DNA matched Cox’s; and (2) Cox told police he never had sex with her.

According to CourthouseNews.com, the woman will be permitted to file suit anonymously, in order to protect her identity.

Thomas testified at Cox’s criminal trial.  Thomas never was charged with any crime.

The lower standard of proof in civil cases, where the plaintiff needs merely to show tip the scales of evidence in her favor, could result in a verdict against Cox, who currently plays for the 49ers, and possibly Thomas.  In Cox’s criminal trial, the prosecution was required to show proof beyond a reasonable doubt.

The best example of that dynamic in the sports world comes from the O.J. Simpson case.  He was acquitted in 1995 of killing his ex-wife and her friend, Ron Goldman, but Simpson later was saddled with a monstrous civil judgment, which indirectly resulted in his current incarceration.

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49 Responses to “Cox, Thomas facing civil suit over alleged rape”
  1. duanethomas says: May 5, 2012 10:01 AM

    Golddigging women are the worst, at least that’s what Deion Sanders told me.

  2. jluns275 says: May 5, 2012 10:38 AM

    These two players are obviously AFC North material. How are they not on the Steelers or the Bengals?
    They could team with Worthlessberger & be the Dream Team Therapists.
    Or, alternatively they could join the Bengals because their uniforms are already orange with stripes.

  3. realitypolice says: May 5, 2012 10:47 AM

    You keep running those two points out there as if they prove rape. All it proves is that he lied to the cops. Not good, but not rape.

    She will have the exact same problem winning in civil court that the prosecution did in criminal court.

    This is a woman who was openly known to be available to these players and had sex with at least two of them on numerous occasions. The ONLY thing she can prove is that she had sex with him sometime around that night, resulting in the pregnancy.

    Everything else is hearsay, and let’s just say she doesn’t exactly make the most reliable witness, seeing as how she has no recollection of what happened that night.

    Not the strongest set of facts for a conviction.

  4. cannonballdookie says: May 5, 2012 10:48 AM

    Athletes always get off, unless you’re Plaxico Burress.

  5. bigwinintx says: May 5, 2012 10:49 AM

    If she’s pregnant with HIS fetus, how does he get away with denying he had intercourse with her???

    Sorry to be so graphic, but dude, she got your “specimen” from somewhere…

  6. scott8nj says: May 5, 2012 10:52 AM

    Cox was acquitted of criminal charges, even though: (1) the woman was pregnant with a fetus whose DNA matched Cox’s; and (2) Cox told police he never had sex with her.

    *****************************************

    Well, Cox starts off this case with glowing credibility.

  7. warrenmoon says: May 5, 2012 10:53 AM

    Knowing our legal system, I will not be surprised with anything they do. A child molester can get just 3 years, but someone who thought about committing murder can get 9 years. I am not joking these are actual sentences that I read in the newspaper every day.

  8. bchapman2011 says: May 5, 2012 10:58 AM

    Come on pft….you remove anybodys comments when they critique your article. All I said is that you should have provided a better explanation as to why thomas is included in the lawsuit and my article was zapped. Really??

  9. exibitsman says: May 5, 2012 11:07 AM

    I pretty sad when a adult has to force himself on a women to have sex. These 2 Morons need to be suspended four life from the NFL. The NFL needs to give there players a course on how to keep there LIL WENNIE’S in there pants.

  10. steelerhypocrite says: May 5, 2012 11:08 AM

    Sounds like this woman took some Cox…

  11. joetoronto says: May 5, 2012 11:09 AM

    I’d fry these two scum buckets.

  12. mazenblue says: May 5, 2012 11:14 AM

    That’s disgusting. Raping a woman who is passed out. Regardless if she was drunk or on drugs or not. Glad my leos have maryjane problems not mary getting raped problems. Off with his head if this is true.

  13. marinofreakout says: May 5, 2012 11:15 AM

    good article florio. im in law school so i probably like your law related articles more than others, but even I get turned off by your tendency to over-analyze legal issues (not because of substance, but tone)

    this was short, to the point, and concluded with a perfect example to illustrate your point.

    include how and to what extent thomas is involved in a follow-up (esp considering thomas is a more significant name)

  14. backindasaddle says: May 5, 2012 11:16 AM

    Regardless of all else…. I think it’s safe to conclude that Mr. Cox is not exactly a high character kinda guy.

  15. scrotiemcb says: May 5, 2012 11:20 AM

    Ahh, the fine PFT tradition. Throw kids under the bus to generate hits.

    You guys seem to particularly have it out for Thomas, who the victim herself exonerated by saying she considered any sex with him consensual (which makes him a mysterious plantiff). But that’d be inconvenient to tell the whole story, because then its kind of boring, and it wouldn’t incite your bread and butter. Thus, the hits would go down, because the one thing more interesting than your yellow journalism– and which keeps the freak show gawkers like myself coming back– is the depth and scope of the mindless and self righteous stupidity on display in the comments section.

    It must particularly rewarding gaining wealth by trashing people.

  16. mrmarcus55 says: May 5, 2012 11:26 AM

    Always two sides to a story, esp if its a athlete with a little money. He shouldn’t lied to cops but hard saying what his state of mind was when he was questioned. Most girls are gold diggers so ya.

  17. dcrespo24 says: May 5, 2012 11:30 AM

    Terrible example Florio.

  18. patfic15 says: May 5, 2012 11:30 AM

    I wonder how the kid is doing!

  19. bchapman2011 says: May 5, 2012 11:33 AM

    scrotiemcb says:
    May 5, 2012 11:20 AM
    Ahh, the fine PFT tradition. Throw kids under the bus to generate hits.

    You guys seem to particularly have it out for Thomas, who the victim herself exonerated by saying she considered any sex with him consensual (which makes him a mysterious plantiff). But that’d be inconvenient to tell the whole story, because then its kind of boring, and it wouldn’t incite your bread and butter. Thus, the hits would go down, because the one thing more interesting than your yellow journalism– and which keeps the freak show gawkers like myself coming back– is the depth and scope of the mindless and self righteous stupidity on display in the comments section.

    It must particularly rewarding gaining wealth by trashing people.
    ————————————————-
    Not sure where you are coming from on this one……The entire article is fact based and all they were doing was informing the public of the lawsuit. In no way did they insinuate the guilt of either party. My only complaint is that they did not do a good job explaining how Thomas got into this mess. Maybe that is your complaing too?

  20. fcs34 says: May 5, 2012 11:36 AM

    Darrent Williams dies and these two winners continue to walk the earth. Nice

  21. jeziyo247 says: May 5, 2012 11:37 AM

    This has gold digging written all over it, broke women will do anything to get a quick rich from players. I hear these type if stories all the time, first it starts with the allegations, dismissal of the case, sue to see if you can get money out of it and they’re always anonymous. Guys stay away from these type of women, they’re nothing but trouble and you end up getting the short end of the stick.

  22. charliegirl1 says: May 5, 2012 11:45 AM

    Pathetic. The 49ers should be ashamed of themselves for hiring this guy AFTER the news came out, and I’m a SF fan

  23. txxxchief says: May 5, 2012 11:47 AM

    The district attorney in Denver would have had to been incompetent and/or on drugs himself to fail to get a conviction in the criminal case.

  24. cappa662 says: May 5, 2012 11:48 AM

    Ok not sure what Thomas did. He hurt her feelings that was about it.

  25. totallydisgusted says: May 5, 2012 11:48 AM

    I think they were all high, had sex and no one remembers what really happened. I don’t believe anyone is innocent in this mess. Just remember juries are dumb as s$%t that is why a some what smart criminal prefers them over trials presided over by a judge.

  26. shzastl says: May 5, 2012 11:54 AM

    Re: how Thomas got into this mess.

    Could mostly be for strategic reasons.

    1) Include him as a defendant to put pressure on him to point the finger at Cox. Thomas wants to be found not liable, he testifies it was all Cox, makes it easier for her to prove her case to the jury that Cox sexually assaulted her.

    2) He’s another deep pocket, and a more successful player with more money. It’s useless to have a judgment against Cox if he doesn’t have the funds to pay it. But if the jury believes they both had some role, they could be jointly liable for the whole amount.

    As for the theory of wrongdoing, the gist is probably that he was negligent leaving her alone with Cox in her passed out state because Cox had indicated his intentions to have sex with her. Probably a stretch, but not frivolous.

  27. countsnail says: May 5, 2012 12:19 PM

    I saw the headline and thought that this was about Fletcher Cox, the Eagles’ 1st round pick. My heart stopped beating for a few seconds.

  28. tatum064 says: May 5, 2012 12:24 PM

    jluns275 says:
    May 5, 2012 10:38 AM
    These two players are obviously AFC North material. How are they not on the Steelers or the Bengals?
    They could team with Worthlessberger & be the Dream Team Therapists.
    Or, alternatively they could join the Bengals because their uniforms are already orange with stripes.

    ===========

    Whatever the case may be, those orange and stripes will be making people black and blue..they finally got their QB, a receiver and some help on defense. They will be Detroit Lions of the AFC North and will advance in the playoffs.

  29. shzastl says: May 5, 2012 12:27 PM

    No “legal”, as opposed to moral duty.

  30. ceteral says: May 5, 2012 12:31 PM

    So this girl… Decides to go hang out with a GROUP of men… At their place… After a long night of drinking from both parties… LONG night of drinking. Anyone ever have a problem remembering the night before after about 15 shots?

  31. duncanthecat says: May 5, 2012 12:34 PM

    Both sides should just blame it all on Happy Hour and move on.

  32. skippynj says: May 5, 2012 12:41 PM

    Thank goodness for blogs and insightful commenters who are obviously well-versed in dealing with the “gold-digger” types. You studs must be incredibly handsome, rich and, obviously, well-hung and not mysogynists at all. I’m sure you don’t work at some dead end job that you hate but are, rather, bombarded on a daily basis with evil, money-grubbing chicks who exist only to fool you into giving over your hard earned bucks that you got being test pilots or race car drivers or some other glamorous profession. Keep up the good work fellas!

    ps-Gold Bond powder is great for those bothersome rashes you may get from sitting in front of computer screen all day.

  33. lks311 says: May 5, 2012 12:42 PM

    People making comments such as “Scumbag”, “Losers”, “Fry”, etc. surely haven’t read or know the details of the case…which is just a bad as irresponsible journalism.

    Cox is a bad guy. On the other hand, Thomas, while many could suggest he was morally obligated to look out for this woman, did nothing legally wrong. He left. Further, she was of marginal character…which may be part of the reason he did leave.

    The woman probably is fishing for money, but it does appear she was raped—character issues aside—that, she did not deserve. Cox should have to pay.

  34. dal24la says: May 5, 2012 1:16 PM

    Seeing how they have NO evidence that Thomas ever slept with the victim, her inclusion of him in her civil lawsuit seems like golddigging to me.

  35. shlort says: May 5, 2012 2:03 PM

    The chick probably raped Perrish. Why is rape never considered if the woman is the perp? Maybe Perrish was passed out and she gave him the old “wild Bronc”? He claims he doesnt recall having sex with the woman, but she says she was passed out and raped? Could very well have been the other way around. He should counter-sue her for full custody of the kid and child support.

  36. bulldogslc says: May 5, 2012 2:57 PM

    realitypolice says:
    May 5, 2012 10:47 AM
    You keep running those two points out there as if they prove rape. All it proves is that he lied to the cops. Not good, but not rape.

    She will have the exact same problem winning in civil court that the prosecution did in criminal court.

    This is a woman who was openly known to be available to these players and had sex with at least two of them on numerous occasions. The ONLY thing she can prove is that she had sex with him sometime around that night, resulting in the pregnancy.

    Everything else is hearsay, and let’s just say she doesn’t exactly make the most reliable witness, seeing as how she has no recollection of what happened that night.

    Not the strongest set of facts for a conviction.

    Dude….civil cases and criminal cases are extremely different. You can get acquitted of a criminal case and still win your civil case….look at the OJ/Goldman case. She has the baby and his denial of touching her…this is a slam dunk case for her.

    And for those of you calling this woman name….shame on you….I do believe she was trying to gold dig Thomas, but the woman was still taken advantage of while drunk by a total sleeze bag. This is too serious of a situation to say that she got her just deserts.

  37. glennmcahill says: May 5, 2012 3:00 PM

    You guys really expect a half-ass ‘journalist’ to fill you in on the rest of the details and repercussions of Demaryius Thomas being involved in this civil suit? Look at the quality of the articles Florio writes. Often riddled with mistakes, typos, and other errors any person with a brain could easily avoid. There’s obviously a reason why Florio isn’t a lawyer anymore but rather an overrated internet ‘journalist.’

  38. dogg91702 says: May 5, 2012 3:15 PM

    Why is she trying to get him on rape charges if she already has her meal ticket in her?

  39. backindasaddle says: May 5, 2012 3:38 PM

    shlort says:
    May 5, 2012 2:03 PM
    The chick probably raped Perrish. Why is rape never considered if the woman is the perp? Maybe Perrish was passed out and she gave him the old “wild Bronc”? He claims he doesnt recall having sex with the woman, but she says she was passed out and raped? Could very well have been the other way around. He should counter-sue her for full custody of the kid and child support.
    ________________________________________________________

    I’m sorry….. but are you seriously trying to sell us that he was passed out drunk and she somehow managed to get him “aroused” in his passed out state and rode a “Wild Bronco” on him….really?!?!?!…… I can’t stop laughing right now!

  40. jonsniners says: May 5, 2012 3:58 PM

    I see PFT and Florio have came to the conclusion that Cox in fact did do this, considering there erasing my comments which is my right, i did not have to agree to terms for this account, so keep taking my right to speak away pft and florio re-post my comments or you will have a lawsuit for taking my amendments away and i could do this for the simple fact i did not agree to any terms you losers florio and pft

  41. stanklepoot says: May 5, 2012 4:06 PM

    realitypolice says: May 5, 2012 10:47 AM

    You keep running those two points out there as if they prove rape. All it proves is that he lied to the cops. Not good, but not rape.

    She will have the exact same problem winning in civil court that the prosecution did in criminal court.

    This is a woman who was openly known to be available to these players and had sex with at least two of them on numerous occasions. The ONLY thing she can prove is that she had sex with him sometime around that night, resulting in the pregnancy.

    Everything else is hearsay, and let’s just say she doesn’t exactly make the most reliable witness, seeing as how she has no recollection of what happened that night.

    Not the strongest set of facts for a conviction.
    ______________________________
    While I applaud your attempt to focus on the legal aspects of such a case, you made some really important errors. Hearsay refers to someone trying to report what another person said. I think what you meant to imply is that this would be a he said/she said case, and that you view her as a not too credible witness. On the other hand, Cox was already caught in a lie when he said that he never had intercourse with her. I don’t know too much about the guy’s personal life. If he’s married or is in a very serious relationship, he could claim he lied about having been with her solely to keep his significant other from finding out. If not, that lie seriously damages the credibility of anything he says. While that might not be enough in a criminal case, it can be devastating in a civil case. So, no, she won’t have the same problems in a civil case. The burden of proof is much lower. Finally, there are no convictions is a civil case. There is simply a finding of liability. If the defendant is found liable, then they have to pay. If found not liable, they don’t…and sometimes they can counter-sue for the legal costs.

  42. stanklepoot says: May 5, 2012 4:17 PM

    shzastl says: May 5, 2012 11:54 AM

    Re: how Thomas got into this mess.

    Could mostly be for strategic reasons.

    1) Include him as a defendant to put pressure on him to point the finger at Cox. Thomas wants to be found not liable, he testifies it was all Cox, makes it easier for her to prove her case to the jury that Cox sexually assaulted her.

    2) He’s another deep pocket, and a more successful player with more money. It’s useless to have a judgment against Cox if he doesn’t have the funds to pay it. But if the jury believes they both had some role, they could be jointly liable for the whole amount.

    As for the theory of wrongdoing, the gist is probably that he was negligent leaving her alone with Cox in her passed out state because Cox had indicated his intentions to have sex with her. Probably a stretch, but not frivolous.
    ________________________________
    I think you’re leaving out one more important possibility:

    She might be including Thomas because she feels that he either helped Cox try to cover up the incident or misrepresented the facts during the investigation and/or in court.

  43. brewcrewfan54 says: May 5, 2012 4:27 PM

    Its their website dude. They can control the content they wish to display. Obviously tour comments weren’t wanted. Sue all you want you wont win. While you’re at it go look up the first amendment, I don’t think you totally grasp what ot does.

  44. stanklepoot says: May 5, 2012 4:30 PM

    jonsniners says: May 5, 2012 3:58 PM

    I see PFT and Florio have came to the conclusion that Cox in fact did do this, considering there erasing my comments which is my right, i did not have to agree to terms for this account, so keep taking my right to speak away pft and florio re-post my comments or you will have a lawsuit for taking my amendments away and i could do this for the simple fact i did not agree to any terms you losers florio and pft
    ___________________________________
    Wow. You’re complete and utter lack of comprehension is stunning. Yes, you have a right to free speech. This, however, is a privately owned blog. That means that the person(s) who run it have the right to publish/post anything they want on it (assuming it doesn’t fall into the “defamation of character” area). They don’t have to post anything you say. Why? Because that right falls under both their freedom of speech and the freedom of the press. You want to be heard? Start your own blog and wait to see if anyone cares to read it. If your blog posts were as uninformed as this rant, then I’m guessing the answer would be an unequivocal no. Either way, you have no right to have your comments published on a private blog or any other website. If you tried to sue over this, I’m not sure if the judge would laugh in your face or hit you with contempt of court for wasting their time and the state’s money.

  45. shzastl says: May 5, 2012 5:00 PM

    @stanklepoot — possibly, but that sounds more like a matter for the police. The point of this case is to recover damages to the victim that directly resulted from the rape. What you described sounds like conduct that might have harmed the prosecution, but did not directly harm her. Of course every crime victim wants to see the perpetrator go to jail, but I don’t believe there is any cognizable civil claim for the victim against someone who interferes with that such that it causes an acquittal.

  46. shlort says: May 5, 2012 9:28 PM

    backindasaddle says:May 5, 2012 3:38 PM

    I’m sorry….. but are you seriously trying to sell us that he was passed out drunk and she somehow managed to get him “aroused” in his passed out state and rode a “Wild Bronco” on him….really?!?!?!…… I can’t stop laughing right now!

    __________________________________

    At least you got the joke. That was precisely the reaction I was looking for. Thank you for your support.

  47. stanklepoot says: May 5, 2012 11:48 PM

    shzastl says: May 5, 2012 5:00 PM

    @stanklepoot — possibly, but that sounds more like a matter for the police. The point of this case is to recover damages to the victim that directly resulted from the rape. What you described sounds like conduct that might have harmed the prosecution, but did not directly harm her. Of course every crime victim wants to see the perpetrator go to jail, but I don’t believe there is any cognizable civil claim for the victim against someone who interferes with that such that it causes an acquittal.
    _________________________________
    Perhaps not, but I never said it would be a successful argument. Sometimes you throw everything you have at the wall and see what sticks. It’s amazing some of the arguments that shouldn’t work but do. All depends on what the judge will allow and what the jury will believe. Additionally, if the judge did allow such an argument and the jury believed that the defendant’s behavior was completely out of line, they could use it as a justification for a finding against the defendant no matter how much of a stretch it might be legally. Let’s face it, sometimes a jury is just looking for an excuse to punish someone they don’t like. Legal theory isn’t always the deciding factor…unless, of course, the judge uses it to forbid a specific argument or claim.

  48. Broncofanatic7 says: May 7, 2012 11:20 AM

    Thomas didn’t do ANYTHING. It was a party gone bad, and that’s it. This girl that Cox supposedly “raped” isn’t your typical victim. She knew what she was doing. She was partying with them, got drunk, and just doesn’t remember the intercourse. So I guess they call that rape these days….
    Stop digging for the money. This girl is a hoe. She’s not the type of woman you take home to your mother. I’ll just say that….

  49. bubba9er says: May 7, 2012 5:29 PM

    As the father of 3 young daughters I am appalled by this whole story. Whenever part of the story has the shadiness of fact that accompanies “after she passed out at his house” I start to question what happened.

    Clearly this girl put herself in a bad situation when she “partook” and passed out at someone’s house. People say funny things when they are on the verge of passed out. Their judgement is impaired and memory affected.

    That being said, if someone rapes my baby girl I cut his F*&king B$$ls off and feed them to him. Lying Bastard.

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