Sexual Assault Lawsuit Against Former Magic Star Dwight Howard Is Dismissed

According to a Wednesday report from ESPN's Baxter Holmes, a civil lawsuit alleging sexual assault and battery against the former No. 1 overall pick in the 2004 NBA Draft was dismissed on Monday.

Apr 07, 2012; Philadelphia, PA, USA; Orlando Magic center Dwight Howard (12). / Howard Smith-USA TODAY Sports

A civil lawsuit alleging sexual assault and battery against former Orlando Magic center Dwight Howard was dismissed in Gwinnett County Court in Georgia on Monday, according to a report from ESPN's Baxter Holmes on Wednesday.

The dismissal, filed by Stephen Harper, who filed the lawsuit against the longtime NBA star in July of 2023; was with prejudice – meaning those claims cannot be refiled in a lawsuit.

An attorney of Howard's, Justin Bailey, told ESPN in the report that no money was paid to Harper to drop the suit opposing Howard.

Tracing back to a July 2021 encounter at Howard's home in Georgia, Harper had originally accused Howard of sexual harassment, "intentional infliction of emotional distress" and false imprisonment. Months later, in October 2023, Howard denied the allegations, claiming that he and Harper engaged in "consensual sexual activity."

Howard would then argue in December of 2023 that such accusations were baseless, asking the court to rule in his favor without hesitation and dismiss the case without trial. That request was denied by a judge in February of 2024.

The report says that Howard and Harper first connected through direct messages on Instagram, with Harper initiating the communication. Harper's original complaint included screenshots of the message exchanges between the two and an Uber receipt for Harper's trip to Howard's place the night of the encounter.

According to a July 2022 incident report from the Gwinnett County Police Department, obtained by ESPN, Harper went to the police a year after the encounter but filed no charges.

Now 38 years old, Howard spent eight seasons with the Orlando Magic after being drafted with the No. 1 overall selection in the 2004 NBA Draft. He has not appeared in the NBA since 2021-22, in which he's an eight-time All-Star and All-NBA performer, three-time Defensive Player of the Year and 2020 NBA Champion.