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Why Trevor Bauer's Legal Defense is Already Falling Flat

Amy Dash: “This woman after the second sexual encounter went immediately to the hospital, she had her injuries documented, there were medical reports, there were MRIs, there was extensive testing that went on, and she has pictures of everything. She cooperated with the police investigation immediately where they began recording calls between her and Trevor Bauer to get him to admit to what he did. Here is the simple summary to it because a lot of people are reading the text messages, and I think the text messages are confusing to people. What matters in this case is the extent of the injuries. You cannot claim ‘consent’ when you have seriously injured somebody, it’s as simple as that. So you can say ‘rough sex’, yeah, yeah, yeah, that’s great, and maybe you were slapping someone around, but when it gets to a point of someone being seriously injured ‘consent’ is no longer a defense. On top of that, the woman claims she was unconscious, so if she was in fact unconscious, consent is never a defense when someone is unconscious because they can’t consent, they’re unconscious. We don’t know whether she was unconscious – that’s a he-said/she-said, but what we do know is that she was seriously injured. She had black eyes, she had a busted lip, she was vomiting, she was treated for a concussion, and she had a whole battery of tests. If you looked at the medical reports and you looked at the pictures she sustained serious injuries, therefore in my opinion ‘consent ‘ is off the table. If I said ‘please, beat the you know what out of me with a baseball bat’ and you go and do it you can’t claim ‘well, she told me to do it.’ You have to have let’s say ‘light injuries' if you’re into the context of masochistic type things.” (Full Audio Above)

Listen to legal expert Amy Dash join Jason McIntyre and Lavar Arrington on Fox Sports Radio to detail why she believes Trevor Bauer’s legal team is going down a treacherous path if he tries to claim ‘consent’ as a defense to his disturbing assault allegations.

Check out the segment above as Dash explains why this case wouldn’t simply be rough sex run amok in the eyes of the prosecution.

After this article was published, a public relations firm reached out to Fox Sports Radio asking that “several urgent corrections” be made to the article and including statements from Trevor Bauer’s agents. Those statements are published in full below. The guest stands by her content and has opted not to include Bauer’s PR person’s requested“corrections” in the article. Instead, the guest has opted to include the following paragraph to add specificity and additional clarity. Amy Dash welcomes Mr. Bauer and his team to grant her an on-the-record interview and explain his side of the story more fully. 

Dash would like to clarify that when she said immediately, she meant within 2 days.

The police investigation mentioned is ongoing but its results haven't been made public yet.

Medical reports indicate the accuser's treatment plan mentioned she was educated on what to expect after a concussion but no official concussion diagnosis has been made public yet.

Statement from Jon Fetterolf, Trevor Bauer’s agent (released June 29)

"Mr. Bauer had a brief and wholly consensual sexual relationship initiated by [the woman] beginning in April 2021. We have messages that show [the woman] repeatedly asking for “rough” sexual encounters involving requests to be “choked out” and slapped in the face. In both of their encounters, [the woman] drove from San Diego to Mr. Bauer’s residence in Pasadena, Calif. where she went on to dictate what she wanted from him sexually and he did what was asked. Following each of her only two meetings with Mr. Bauer, [the woman] spent the night and left without incident, continuing to message Mr. Bauer with friendly and flirtatious banter. In the days following their second and final encounter, [the woman] shared photos of herself and indicated that she had sought medical care for a concussion. Mr. Bauer responded with concern and confusion, and [the woman] was neither angry nor accusatory. Mr. Bauer and [the woman] have not corresponded in over a month and have not seen each other in over six weeks. Her basis for filing a protection order is nonexistent, fraudulent, and deliberately omits key facts, information, and her own relevant communications. Any allegations that the pair’s encounters were not 100% consensual are baseless, defamatory, and will be refuted to the fullest extent of the law."

Statement from Jon Fetterolf and Rachel Luba, Trevor Bauer’s co-agents (released July 2)

"We reaffirm our original statement and refute [the woman’s] allegations in the strongest possible terms.Mr. Bauer will not appeal MLB’s decision to place him on administrative leave at this time in an effort to minimize any distraction to the Dodgers organization and to his teammates. Of note, administrative leave is neither a disciplinary action nor does it in any way reflect a finding in the league’s investigation."

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