DENVER (CBS4) – The Denver Broncos report to camp Wednesday with one of their key players under a legal cloud. Late last week it was revealed defensive back Perrish Cox is accused of impregnating a woman who believes she may have been drugged.
Two other broncos were said to be present at the time the alleged assault took place.
In sexual assault cases like Cox is facing there are two main forms of defense. One is identification, where one claims they are not the person who committed the crime. Lawyers would have to attack the DNA evidence in the Cox case. The other defense is saying “any sex was consensual.” But as of now Cox has been telling police and the woman the latter wasn’t the case.
Cox has claimed he did not have sex with his accuser, but if DNA tests are accurate, he isn’t telling the truth.
Karen Steinhauser is an attorney and legal analyst.
“The issue then becomes, was there consensual sex; was she intoxicated or drugged to the point where she was incapable of knowing what was going on and giving consent,” Steinhauser said.
Steinhauser said even though Cox denied having sex with the woman, he can easily change his story to claim any sex was consensual.
“That doesn’t mean that he can’t go into court and say, ‘I was scared, I didn’t want to admit that I had sex with her, I was trying to protect her,” Steinhauser said.
Two other Broncos, Demaryius Thomas and Cassius Vaughn, were at the apartment when the woman was present, according to court documents.
“I mean, I didn’t have anything to do with it,” Vaughn told CBS4′s Rick Sallinger.
Vaughn, who is Cox’s roommate, said he was at the wrong place at the wrong time.
“Just for the organization and myself, and even him, to go through this process is terrible, and I just hope for the best for him,” Vaughn said.
The woman claimed she was drugged while at a nightclub, and then later assaulted without knowing until learning she was pregnant.
“Obviously the allegations are extremely serious and we take them seriously,” Broncos General Manager Joe Ellis said at a news conference.
Cox has maintained he is innocent. He was arrested in December but fought release of details of the case. In the documents Cox said when the woman called him and said she was pregnant he thought it was a joke.