LOS ANGELES (CN) - A five-foot-five woman in Los Angeles claims in court that a six-foot-nine Laker star took her home and tried to have sex with her, but she fought him off.
Doe sued Devin Ebanks in Superior Court on eight charges, including sexual assault, assault and battery, four counts of defamation, and intentional infliction of emotional distress.
She claims the assault happened in September 2011, after she had told him "that she did not want to get involved, did not want to be an NBA groupie, or basketball wife."
She says she saw Ebanks at the Colony nightclub in Hollywood at around 2 a.m., Sept. 13, 2011, and he asked if she wanted to go over to his house.
Doe says she told him "that she would go to his home if they were to just hang out, talk, go to sleep, but not have sex."
Ebanks said "he was fine with that," according to the complaint.
At his Marina del Rey apartment, she claims, Ebanks kissed her, and she "was okay with them kissing."
"Their kissing led to fondling. Defendant Ebanks removed her shirt and bra. But when defendant Ebanks tried to remove plaintiff's shorts and underwear, she immediately stopped the kissing and fondling, and verbally objected by saying 'No,' and telling him to stop.
"Plaintiff continued to tell him to stop but defendant Ebanks was soon on top of her without clothing and began trying to penetrate her with his penis. Defendant Ebanks penetrated plaintiff's vagina, but not deeply as plaintiff was using all of her strength to push him back and off of her."
Doe says Ebanks "reached over to a nightstand and grabbed a condom" while he pinned her down. "While still straddled over plaintiff's body, defendant Ebanks put the condom on and again started penetrating plaintiff."
Does says she continued to fight him off, and "Ebanks finally withdrew his penis from her vagina and took his body weight off of plaintiff. He then just kneeled on the bed, towering over plaintiff. Defendant Ebanks began yelling and cursing at plaintiff saying such things as the following: 'I've never in my life had anyone do this to me ... My dick was damn near in you ... What's the big deal, it's just sex ... I'm on the Lakers ... You're lucky I still talk to you and you haven't slept with me.'" (Ellipses in complaint.)
Doe adds: "Defendant Ebanks continued to yell obscenities at plaintiff, and frustratingly yelled, 'Can I at least get head?' Plaintiff replied, 'I just want to go home."
She claims Ebanks got up and dressed and left the bedroom, then threw her purse, keys and shoes out of his apartment into the hall. She dressed, and as she left, she says, "Ebanks slammed the door onto her back. Upon the door ricocheting open against her back, defendant Ebanks then hit plaintiff with his hand against her back, pushing her out."
Doe says she is 5 feet 5 inches tall and weighed 128 lbs. at the time.
Ebanks, she says, was 6 foot 9 and weighed 215.
Doe seeks punitive damages.
She is represented by Cheryl Deptowicz.
The 19-page complaint includes 34 pages of exhibits.