Ben Roethlisberger's Accuser, Andrea McNulty, Tells Her Side

There seems to be a problem with Ben Roethlisberger's accuser, Andrea McNulty, and it isn't that she seems to have problems dealing with the death of an imaginary American soldier in Iraq, although that might be somewhat problematic. Andrea McNulty never filed a criminal report against Ben Roethlisberger, something which the two-time Super Bowl-winning quarterback has publicly noted. So if there was no crime, or at least a documented one to which his accuser can point, how can there be a civil case with a criminal act as precedent? Did the statute of limitations run out? What really seems to be going on with this case that appeared out of nowhere?

Ben Roethlisberger says that he knew Andrea McNulty and that they had had a casual relationship. He has even admitted to have sex with her, according to TMZ sources.

Andrea McNulty's case, which is detailed at ProFootballTalk.com, states that the sex was anything but consensual. She said that Roethlisberger had asked her to come up to his room at Harrah's in Lake Tahoe, where she was an employee, and fix his television (which supposedly had something wrong with the sound system). She maintains that she tried to get someone else to go but ended up going herself. Upon arrival, she found that there was nothing wrong with the television and, when she attempted to leave, Ben Roethlisberger barred her way, grabbed, and began kissing and fondling her.

Andrea McNulty said she overcame her initial shock at the behavior exhibited by Ben Roethlisberger -- he had always before been a gentleman to her -- and told him to stop. She said, "You don't want to do this" and other things but, according to her, Roethlisberger did as he wished, pulled off her underpants, and penetrated her.

McNulty then claims that she composed herself in the bathroom. A paranoid Ben Roethlisberger then confronted her, asked if there were cameras in the room. She told him there were cameras everywhere. He instructed her to tell no one about the encounter but if anyone were to ask, she was to tell them she was in his room to "fix the television."

A plausible story. One that might be convincing to a jury.

But why not come forward, say something? Andrea McNulty maintains that when she tried to file a complaint, she was told that most women would have felt honored to have had sex with Ben Roethlisberger. She also maintains that Harrah's entered into some type of deal with Roethlisberger not to investigate the incident.

And that is why she named eight others as co-defendants in the lawsuit. Andrea McNulty claims that Harrah's and their employees conspired to cover up the incident and that the employees defamed her, labeling her as "promiscuous."

But there is still that problem of the civil defamation lawsuit not being preceded by a criminal case, or at least a criminal complaint. Why did it take Andrea McNulty a year to come forward as an accuser? Why didn't she file a rape complaint against Ben Roethlisberger the evening of July 11, 2008? Or in the next few days? Was the reaction from Harrah's enough to dissuade her from filing a criminal complaint?

No, but she was afraid Harrah's would side with Roethlisberger, according to the Associated Press. She was also afraid of losing her job.

In fact, according to LaborLawTalk.com, in the state of Nevada, an individual can file a criminal complaint of rape for up to four years after the sexual assault -- as long as the rape or sexual assault has been reported.

Usually civil lawsuits occur after a criminal case has been made -- win or lose. Although Andrea McNulty seems to be getting the cart before the horse, she is well within her right. Perhaps she believes she has a better chance of winning the civil case.

Perhaps she is looking for an out-of-court settlement.

And perhaps Andrea McNulty believes if she wins or gets the out-of-court settlement, she just might then be able to get a rape conviction against Ben Roethlisberger.

It is unclear exactly what Ben Roethlisberger's accuser has in mind -- except that she's suing Ben Roethlisberger for rape.

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Sources:

TMZ.com
ProFootballTalk.com
Associated Press
LaborLawTalk.com