SALT LAKE CITY — In the hours after a Salt Lake County woman filed a civil lawsuit against BYU quarterback Jake Retzlaff, accusing him of battery, assault, and intentional infliction of emotional distress, local attorney Robb Jones explained why the case was pursued as a civil lawsuit rather than a criminal complaint.
"These are the types of cases where nobody really knows what happened if there is not an objective third-party witness or some type of objective piece of evidence," Jones said. "You're relying solely upon what one person says versus the other."
Jones, who is a partner with McConkie Hale & Jones, noted that because it's a "she said, he said" scenario, it's more practical to file as a civil case. This approach requires a "preponderance of evidence," rather than the "beyond a reasonable doubt" standard of criminal trials.
BYU star quarterback Jake Retzlaff subject of lawsuit claiming sexual assault:
"There may be a chance that, because of that, the evidence, although not overwhelming, at least indicates to a civil jury or a judge that it may have been more likely that this happened than not," Jones explained. "She may be able to succeed and then at least could be awarded damages."
Jones also highlighted potential challenges Retzlaff might face with the school's Honor Code Office and emphasized that the case could take some time to resolve.
