Three current or former San Diego State University football players, including newly drafted Buffalo Bills player Matthew Araiza, are accused of raping a then 17-year-old girl at a Halloween party last year, according to a lawsuit filed Thursday reveals the plaintiff’s attorney, identified in court documents as Jane Doe.
Araiza, Zavier Leonard and Nowlin “Pa’a” Ewaliko were part of the San Diego State University football team at the time of the alleged incident last October.
“I am disappointed that she has filed this civil lawsuit against my client for not raping her. He never used violence against her. She wasn’t visibly drunk. He didn’t give her a drink with anything in it,” Araiza attorney Kerry Armstrong told CNN.
Araiza “hopes it doesn’t affect his career with the Buffalo Bills. He really likes the team and hopes he can stay with them,” Armstrong said.
Jane Doe says she attended a party with friends in the San Diego area but got separated from them when she met Araiza, the lawsuit says. The allegation goes on to claim that Araiza “was able to observe that Doe was heavily intoxicated” and “handed her a drink anyway.”
“Doe informed Araiza that she attended Grossmont High School. Araiza, who was 21, knew or should have known that Doe was a minor,” the complaint said.
The woman says Araiza led her into a bedroom where “at least three other men were already in the bedroom,” including Leonard and Ewaliko, both of whom were at least 18 at the time, according to the court document. Shortly after Doe entered the bedroom, the men allegedly began engaging in sexual activity with her, the lawsuit says.
“Doe was raped for about an hour and a half before the party shut down. Doe stumbled out of the room, bloodied and crying,” the complaint said.
Doe reported the alleged incident to the San Diego Police Department the next day and underwent a rape evaluation at a local hospital, according to the lawsuit. Days later, detectives arranged “pretense” calls between Doe and the men they had identified as her alleged attackers, the allegation said.
“During the call, Araiza confirmed that she had sex with Doe and even told her to get tested for STDs,” the claim said, but when she pressed him about their encounter, “Araiza immediately changed.” his tone and said, ‘This is Matt Araiza. I don’t remember anything that happened that night. At that point, he ended the pretense call by hanging up on Doe,” the complaint reads.
Ewaliko’s lawyer, Marc Carlos, told CNN in a phone interview that he sees some issues with Doe’s credibility and the circumstances under which she reported the incident. “Filing the civil suit is clearly an attempt to pressure prosecutors to file a case,” he said.
According to Carlos, Ewaliko is not enrolled at San Diego State this semester.
Leonard’s attorney Jamahl Kersey said, “We are aware of the lawsuit filed yesterday and respectfully decline to comment.” He said he could not comment on his client’s status as a San Diego State student or player.
Police have submitted their investigation to the San Diego County Attorney’s Office and it is being reviewed. the prosecutor’s office said, although officials did not say when a charge decision might be made.
CNN has also reached out to police for comment.
The university released a statement saying it “takes allegations of sexual assault seriously.” however, was unable to release specific details on the case due to privacy concerns, saying the allegations were still under “active university investigations.” The statement went on to say that violating the university’s student code of conduct could potentially result in “suspension, dismissal or expulsion.”
“We were recently made aware of a civil lawsuit filed against Matt in October 2021,” a Buffalo Bills spokesman said. “Due to the seriousness of the complaint, we have thoroughly investigated this matter. As this is an ongoing civil proceeding, we will not comment further at this point.”
NFL spokesman Brian McCarthy said in a statement that league officials were aware of the matter but had no further comment.
An NFL player cannot be suspended for conduct before joining the league. However, if an individual is being investigated for acts committed while playing an NFL player, prior conduct may be considered in a possible disciplinary action under the NFL’s Personal Conduct Policy.