Earlier this week, lawyers representing the woman who accuses Dak Prescott of sexual assault filed a motion to dismiss his lawsuit, which claims extortion and other wrongdoings. Prescott’s attorney, Levi McCathern, strongly criticized the motion, calling it “nonsense” and vowed to retaliate by filing a new claim against them.
McCathern stated, “The Defendants’ Motion to Dismiss is total nonsense. They have yet again misrepresented the relevant facts and misconstrued the law as it applies to them.
We are going to show, plain and simple, that this case is about the ridiculous attempt by [the victim] and her lawyers, Yoel and Bethel Zehaie, to extort Dak Prescott out of $100 million based on fabricated allegations, which could not be further from the truth.
And, now that Dallas County has rightfully closed its investigation into the Defendants’ false allegations regarding Mr. Prescott, we intend on promptly filing claims against the Defendants for malicious prosecution.”
McCathern also thanked the authorities for deciding not to pursue criminal charges against Prescott.
“I want to express gratitude to the Dallas Police Department and Dallas County District Attorney’s office for thoroughly investigating the allegations against Dak Prescott,” McCathern said.
“As expected, they didn’t find anything in their extensive examination of the facts that would justify criminal charges.
We believe that once law enforcement completes their investigation into the extortion case, they will find the accuser and her lawyers just as responsible as Dak is innocent. From the start, I’ve said Dak is not just a great football player, but also a great person.
He would never harm any woman. These false accusations emerged seven years after the alleged incidents for one reason only — to benefit the accuser and her lawyers financially. Their actions disrespect all the genuine survivors of sexual assault.”
Once again, there’s a distinction between the standards for criminal and civil cases. Prosecutors decided not to move forward because they couldn’t establish guilt beyond a reasonable doubt. The accuser presents a claim, which Prescott refutes. Without any supporting evidence, the absence of credible witnesses only adds to the doubt.
The civil lawsuit will carry on. The accuser will get an opportunity to present her case, while Dak will defend himself against it. Dak will also get a chance to present his case, with the accuser and her lawyers defending themselves. The burden of proof is lower, should either side bring their case to trial.