Weeks after the Dallas Mavericks found themselves grappling with a major sexual misconduct scandal, owner Mark Cuban has also come under the microscope over a 2011 allegation of sexual assault in a nightclub. Cuban fully denies the accusation, which surfaced in the Willamette Week after the publication obtained a 50-page police report about an alleged incident for which prosecutors never filed charges. Yet the details of the report are both graphic and disturbing to behold.
According to weekly publication, a police transcript detailed the woman’s claim that she asked Cuban for a photo op in Portland’s Barrel Room. She alleges that while they posed together, he reached down the back of her pants and penetrated her vagina with a finger. Following an investigation, the Multnomah County District’s Attorney’s Office declined to proceed with the case for lack of evidence, and the alleged victim also decided not to pursue charges. However, the Willamette Week notes the following regarding photos that the alleged victim presented to Portland police:
“In both images, Cuban’s right shoulder is lowered and he appears to be stretching to reach his arm down,” McGuire’s report says. “In one of the pictures, his arm can be seen behind [the alleged victim] and it appears Cuban is reaching down toward her buttocks.”
McGuire also noted the alleged victim’s expression: “Her teeth are clenched, eyes wider than the other pictures and brow raised showing a look of surprise and strain.”
Cuban reportedly told police that he remembered nothing “unusual” about the evening. Yet a friend of the woman also reportedly told officers that Cuban was “very drunk … his eyes were half closed, he was unstable on his feet, and he was slurring his words.” A summary of the alleged victim’s statement within the report stated that Cuban’s hand moved from her lower back to her rear end, after which he allegedly “pushed his hand down the back of her jeans and inside her underwear where he cupped his hand over her groin area and inserted the tip of his finger into her vagina.”
However, Cuban provided investigators with this “rebuttal” from doctors who said the claims were not physically possible because he has big hands:
A week after the interview, two urologists on the faculty of the George Washington University Medical School in Washington, D.C., provided Houze a written opinion that Cuban could not physically have committed the crime of which he was accused.
“[Cuban] is a large male with large hands, making penetration without lubrication of the woman in the standing position virtually impossible,” the doctors wrote.
Cuban attorney Stephen Houze, has now issued a statement:
“These allegations are thoroughly investigated by the Multnomah County District’s Attorney’s Office and the Portland Police Bureau. According to the detailed prosecution decline memo, investigators interviewed the complainant’s boyfriend and female friend, as well as employees and patrons of the bar, and other persons with Mr. Cuban and no one observed any inappropriate behavior by Mr. Cuban.”
The Willamette Week briefly spoke with the alleged victim, who was not named by the publication. The woman says that she has put that evening behind her, but she insisted, “I stand behind that report 1,000 percent.” When contacted by the Associated Press, Cuban responded, “It never happened.”