The claims and counterclaims involving Cowboys quarterback Dak Prescott and a woman who has accused him of sexual assault will play out in civil court, and in the criminal justice system.
Via the Dallas Morning News, Dallas authorities are investigating both the claim of sexual assault against Prescott, and the claim by Prescott that he is the victim of an extortion plot involving his accuser and her lawyers.
The sexual assault allegedly occurred on February 2, 2017, in the parking lot of the Dallas strip club known as XTC Cabaret. The report was made on Tuesday, one day after Prescott filed a lawsuit against the accuser and her lawyers.
Authorities in Prosper, Texas are looking into the claim that Prescott is facing an extortion plot based on the sexual assault allegation. An attorney representing Prescott met with police in Prosper last week. The Prosper Police Department declined to share specifics, explaining that the case is “in the preliminary stages and considered an active investigation.”
Attorney Yoel Zehaie told PFT on Tuesday that the accuser will soon be filing a counterclaim against Prescott, with civil actions not precluded by any applicable statute of limitations.
“He kept changing his story,” Zahaie said, regarding Prescott. “First, he said he didn’t know her. . . . And now he’s saying it’s consensual. . . . His counsel at first said he didn’t know her. Then he said, well, he wants more information to remember.”
Whether the criminal investigations result in charges is separate from the civil litigation. Different standards of proof apply. Also, even if any civil claim for the sexual assault itself might be too late to pursue, the criminal statute of limitations might provide more time — and might still allow the case to be brought in criminal court.