The civil lawsuit against BYU quarterback Jake Retzlaff could take months or even years to resolve and could even raise questions about name, image and likeness rules, lawyers who spoke to The Salt Lake Tribune say.<\/p>\n
Here\u2019s a look at some of the questions facing the quarterback, the university and the courts in the days ahead.<\/p>\n
The basics of the suit<\/p>\n
On May 21, a Salt Lake County woman filed a civil lawsuit against Retzlaff<\/a>, accusing him of sexually assaulting her. The woman, identified in a 3rd District Court filing as Jane Doe A.G., alleges in the lawsuit that Retzlaff assaulted her in November 2023 after they had connected on social media and began messaging a month earlier. She is suing Retzlaff in civil court for alleged battery, assault, and intentional infliction of emotional distress, and is asking for punitive damages from him.<\/p>\n What\u2019s the difference between a civil and criminal case?<\/p>\n Civil cases have a lower standard of proof than criminal cases.<\/p>\n \u201cIn a criminal case, you must show beyond a reasonable doubt that somebody has committed the crime. It\u2019s a pretty high bar,\u201d Utah law professor Lincoln Davies said. \u201cIn the civil context, it\u2019s a preponderance standard, which is a much lower standard. It\u2019s just more likely than not that something happened \u2014 like a 51% chance.\u201d<\/p>\n Retzlaff has not been criminally charged.<\/p>\n Is Jane Doe anonymous?<\/p>\n While the lawsuit publicly names the plaintiff as Jane Doe A.G., the woman\u2019s \u201cfull name and identifying information will be filed under seal with the court and provided to [the] defendant,\u201d the lawsuit states.<\/p>\n What\u2019s next in the case?<\/p>\n The lawsuit was filed on May 21.<\/p>\n Typically, the next step in a civil suit would be for a defendant to file a motion to dismiss. According to Utah\u2019s rules of civil procedure<\/a>, a defendant must typically file that within 21-30 days after the service of the summons and complaint.<\/p>\n If the motion to dismiss is not granted, the case enters the discovery phase.<\/p>\n His attorney, Mark Baute, said in a statement in May that his client is a \u201cnice young man\u201d who is \u201cfactually innocent.\u201d<\/p>\n \u201cJake\u2019s focus this year will be on football,\u201d Baute wrote. \u201cWe don\u2019t try cases in the media, we will respect the process and establish Jake\u2019s innocence through the judicial system.\u201d<\/p>\n How long could the case take?<\/p>\n Two legal experts who spoke to The Tribune said the fastest the case could go to trial is several months from now.<\/p>\n \u201cSuper fast, nine months. Super long, two and a half years to trial,\u201d said Jonas Anderson, a professor of law who teaches civil procedure at the University of Utah. \u201cThat\u2019s the range you\u2019re looking at. But you\u2019re not going to have a [trial] before this football season starts.\u201d<\/p>\n In the meantime, both sides would engage in discovery, the exchange of information and evidence gathering before a trial.<\/p>\n \u201cThe more the discovery, the more time you are looking at before a trial,\u201d Davies said.<\/p>\n In civil cases in Utah<\/a>, discovery is broken down into tiers. Tier 1, is typically for disputes seeking less than $50,000 in damages. Tier 1 discovery sets a 120-day time limit to complete the standard fact finding. The suit against Retzlaff is seeking in excess of $300,000, which would qualify for Tier 3 discovery. That comes with a 210-day deadline for standard fact finding.<\/p>\n Is a settlement possible?<\/p>\n A case doesn\u2019t have to go to trial. Both parties could decide to settle for an undisclosed amount of money. That could provide BYU with a legal resolution before August, but Davies noted that isn\u2019t always a good bet in Utah.<\/p>\n \u201cIn general, the Utah rules are set up to try to push cases toward trial compared to many other jurisdictions,\u201d Davies said. \u201cIn the sexual assault context, that analysis becomes a little bit more complicated because you also have the public airing of what has happened, and the risk of somebody feeling retraumatized from that re-airing. Some plaintiffs may be more willing to settle in the face of that. Obviously, other plaintiffs may feel like they want their day in court and the chance to do justice.\u201d<\/p>\n NIL implications<\/p>\n BYU needs to prepare for the possibility it will have to make a choice about Retzlaff\u2019s football future before the courts do.<\/p>\n The Cougars could allow Retzlaff to suit up and play and while the legal process plays out. He has not been charged criminally, nor has he been found liable in the pending civil suit.<\/p>\n But if BYU doesn\u2019t want one of its most recognizable athletes playing while facing these allegations, it could decide to bench or even part ways with the quarterback before the lawsuit is resolved.<\/a><\/p>\n If he were to be cut, would the school\u2019s NIL collective still have to pay him his seven-figure share?<\/p>\n