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Report: Alfredo Simon being sued for alleged sexual assault

Apr 24, 2014, 8:32 PM EST

Alfredo SImon AP AP

According to Rachel Axon of USA Today, a woman who says she was raped by Reds pitcher Alfredo Simon filed a multi-million dollar civil lawsuit today in Washington, D.C.

The alleged sexual assault occurred last April while the Reds were in Washington D.C. for a four-game series against the Nationals. The lawsuit claims that the victim met Simon at an area nightclub and was taken back to his hotel room despite being “visibly intoxicated” and unable to consent. Details of the case are very graphic, but the woman claims that Simon’s behavior changed from “a romantic encounter to a terrifying physical attack.” She reported the incident to D.C. Metro Police four days later, but the U.S. Attorney’s Office did not pursue charges on Simon. The woman is now seeking $5 million in compensatory damages and $10 million in punitive damages.

When reached for comment by USA Today Sports, Simon’s agent, Adam Katz, declined to comment specifically on the case and called it “an ongoing legal matter.”

Simon faced manslaughter charges in the shooting death of a 25-year-old man in his native Dominican Republic in 2011. The 32-year-old spent three months in jail during the investigation, but he was eventually acquitted after witnesses said that he did not fire the fatal shot.

  1. Zombeels - Apr 24, 2014 at 8:48 PM

    Story sounds pretty fishy and, frankly, doesn’t add up. Probably just a woman going after some money after Simon starts to get a little more notoriety. Disgusting.

    • tfbuckfutter - Apr 24, 2014 at 9:08 PM

      It’s probably that.

      People who shoot other people are usually very upstanding individuals otherwise.

      You dope.

      • Zombeels - Apr 24, 2014 at 9:19 PM

        It was proven that he did not, in fact, shoot him.

      • tfbuckfutter - Apr 24, 2014 at 9:22 PM

        Incorrect.

        He fired a gun. In a crowd of people. Whether he was convicted of “firing the fatal shot” or not, there is no debate that he shot people or at the very least attempted to.

        Clearly he is a master of good decision making and you are a very bright human being to place yourself on his side without actually knowing any facts.

        And I will also point out that being acquitted of something doesn’t mean you’ve been proven not to have done it.

      • tfbuckfutter - Apr 24, 2014 at 9:28 PM

        Actually, I take that back.

        Clearly there is a debate about whether he fired his gun or not.

        However, I do suggest you read the linked article about this case before claiming the woman is just looking for a payday, since she filed criminal charges.

      • thomas844 - Apr 24, 2014 at 9:37 PM

        So you go from saying he definitely shot someone, to saying he definitely fired a gun, to saying it is debatable if he actually fired the gun. Maybe you should just stop right there….

      • tfbuckfutter - Apr 24, 2014 at 9:48 PM

        Agreed.

        Never read the followups. Totally my bad for speaking on that out of turn.

        Again though labeling the woman a goldigger without reading the attached article is making the same mistake I just did.

      • mikhelb - Apr 25, 2014 at 3:21 AM

        To be fair, there have been various other incidents in the DR involving players or former players who have been accused of killing somebody or shooting somebody, only to later have witnesses say “he didn’t fire a gun”; there is one case where the accused paid the alleged victim so he could retire the charges and walk free: Juan Uribe was accused of shooting a guy for walking near his jeep, and Uribe’s bodyguard allegedly fired a shotgun to try and finish the guy off but failed to do so); Angel Villalona I think is serving time in prison as of right now, but also had witnesses who said he didn’t commit the murder.

    • sabatimus - Apr 24, 2014 at 10:18 PM

      What’s disgusting is your assumption.

      • sandrafluke2012 - Apr 24, 2014 at 10:23 PM

        Duke Lacrosse liberal

      • drewsylvania - Apr 24, 2014 at 11:40 PM

        @sandrafluke2012 I bet you’re a hit at parties.

      • Old Gator - Apr 25, 2014 at 6:36 AM

        I doubt if sandrafluke would be a hit if she crossed Don Corleone.

      • koufaxmitzvah - Apr 25, 2014 at 8:02 AM

        For one thing, he likes to lift his skirt over his head.

    • drewsylvania - Apr 24, 2014 at 11:37 PM

      It may be as you say. It may also be the opposite. To assume that you know the answer is dumb. And perhaps misogyny.

    • mikhelb - Apr 25, 2014 at 3:23 AM

      Fishy or not, it has to be investigated; not just beacuse the victim asks for millions of dollars and a conviction means she is after Simon’s money (I am not even sure if Simon has that much money).

    • forstiles - Apr 25, 2014 at 12:27 PM

      The “graphic details” that this article doesn’t publish include a rape kit taken the next morning revealing anal tears, abrasions and protruding tissue. But yeah you probably are qualified to make a judgment based on the little you know. And it’s probably just a woman going after some money after Simon starts to get a little more notoriety.

      source: http://www.usatoday.com/story/sports/mlb/reds/2014/04/24/alfredo-simon-pitcher-rape-lawsuit-washington-dc/8115327/

  2. historiophiliac - Apr 24, 2014 at 8:50 PM

    Is it just me or has baseball fallen into the muck of late? Once the A-Rod domino fell…

    • sabatimus - Apr 24, 2014 at 10:19 PM

      A-Hole is hardly a benchmark for the typical MLB player.

    • mikhelb - Apr 25, 2014 at 3:35 AM

      It is just that we have more information than before. Before the era of the internet and massive media at your fingertips a lot of news and occurrences went unreported.

      But misinformation and hiding info still happens in news outlets as big as ESPN. They will air clips of people yelling “trader” to Ellsbury, people with signs against X players, but they won’t report when people yell “rapist” to Lueke.

      In ESPN in spanish, the Alvarez brothers read a tweet i sent them when broadcasting the Pineda-incident game and told me that I deserved expletives by saying things that shouldn’t be said (comparing Buchholz ‘bullfrog’ use to Pineda’s pine tar); and not a long ago, they were angry when I and others asked them to talk about Miguel Cabrera and his DUIs and abusing his wife (after they said how great of a human being Cabrera is, a model citizen, a role model for people). It might be that they don’t want to talk about a fellow venezuelan comitting crimes, it might be that they are not allowed to talk about the personal life of players (though they do it in Puig’s case, and ARod’s case, and lots of others); it might be that if they do it, Cabrera will never speak to them like he usually does nor call them when they are on the air broadcasting a World Series.

      There are things that can not be said, because they risk their jobs, but to blatantly lie to sell us a story on how somebody is a honorable member of society, that’s like Gooden would say: BS.

      And again sorry for writing quite a bit too much, again.

  3. jadaruler - Apr 24, 2014 at 8:58 PM

    So many questions. How she taken back his room? Did carry her back to the room? What’s romantic about a one night stand? Why is thus lawsuit coming out now during Simon’s hot start?

    I know nothing about the case or pointing fingers. Just a few questions.

    • Reflex - Apr 25, 2014 at 4:02 AM

      I’ll ask some too.

      Why do the authorities not look into these cases more seriously when a famous athlete is involved?
      Why do people make judgments about a person’s character if they happen to be female and are willing to go back to a room with a girl, yet they never make such judgments about a male?
      Why do people not understand that when drunk a person legally cannot give consent, even if they are able to stand or walk?
      Why do people still use the Glen Beck tactic of throwing a lot of this out there that is vaguely accusatory and then state “just some questions” while pretending to be neutral?

      As for my personal opinion….I don’t know. I do know that very very few people are so psychopathic as to make accusations like this without some basis in fact. I also know that the odds against a victim are very high in these cases, due to people ‘just asking questions’ it is very difficult to be considered credible when the accused is a famous figure. It takes courage to come out in a situation like this, and an understanding that regardless of your evidence you will likely lose the case.

      My personal experiences with this are due to my partner at the time being a resident mentor at Michigan State. A certain famous swimmer with 22 medals to his name was an active predator on the female population, hanging at every student party he could while becoming physically abusive to any who refused his advances. One of her students was flat out told by the cops that she was inventing things because he was famous and she wanted his money. This despite the side of her face being bloody from the glass he smashed on her head when she said “No” to him. Another quit MSU and moved to Ohio when he started stalking her after her refusal (she was married).

      Seeing how the authorities ignore claims against a predator simply because he is famous made it difficult for me to dismiss claims like this, even though there are *some* people who certainly make things up. At the end of the day I think the percentage who make charges up and are willing to actually take a case to trial are a vanishingly small percentage of these cases, and that if people were at all reasonable they would read the case themselves rather than start with ‘a few questions’ for the accuser while pretending to be neutral.

      • vivabear - Apr 25, 2014 at 10:34 AM

        First I’ve heard of any report of this kind of behavior, from the individual you are referencing. You say Michigan State – I wasn’t aware he attended college. And when I do a search; all I can find is that he attended the U of Michigan from 2004-2008. So you maybe have some of the basic facts wrong?

      • Reflex - Apr 25, 2014 at 12:35 PM

        Nope, he bounces back and forth between UM and MSU. He trained during the time at UM, but attends parties at both schools. My partner was a resident mentor at MSU between 2007-2009 and they had an unofficial warning they gave incoming freshmen about him and his behavior.

  4. beermakers - Apr 24, 2014 at 8:59 PM

    Another pitcher in a sticky situation.

  5. musketmaniac - Apr 24, 2014 at 9:02 PM

    Why does shyt like this surprise everyone. Fifty years ago if a woman walk into a N.y. city police station and accused Joe DiMaggio of rape she would have got laughed at or worse, there were internet support groups to help. Our society is geared for victims now, and people are surprised when they come forward. Oh and walked three and a row yesterday in the first, maybe he had her on his mind.

    • Zombeels - Apr 24, 2014 at 9:06 PM

      Well, considering it “happened” a year ago, I doubt that.

    • johnnysoda - Apr 24, 2014 at 9:37 PM

      I find it slightly alarming that this post talks about society being geared “for victims”, as if that’s an issue of some sort.

    • sabatimus - Apr 24, 2014 at 10:20 PM

      Wow, where to begin..

    • drewsylvania - Apr 24, 2014 at 11:39 PM

      I’ll start: This post contradicts itself in every sentence.

    • playball - Apr 25, 2014 at 2:00 AM

      Are you kidding me?

      Fast forward fifty years and you are mocking people for coming to the police. Has that much changed, really? There are still people, such as yourself, that believe someone is always making a story up. These
      men and women that have been sexually assaulted are courageous for telling someone.

      For all of those out there that just assume this woman is a gold digger, imagine she is your daughter or sister or partner or friend. Would it make a difference?

      The time frame. Unbelievable. Grief and recovery.

      I am not saying this man raped her. I am pointing out that people not believing they have been raped is a huge reason why people do not come forward.

  6. historiophiliac - Apr 24, 2014 at 9:08 PM

    Okay, now that I’ve read the article — this story stinks. It’s bothersome that it says the US Attorney refused to pursue it rather than that the grand jury didn’t find sufficient evidence. I wish it could give a better picture of why. The account is disturbing. As hard as the process will be, I’m glad that a court of some kind will hear it.

    • American of African Descent - Apr 24, 2014 at 10:57 PM

      If there was not enough evidence for a grand jury to indict—where the standard is (if I remember correctly) preponderance of the evidence—then I can’t imagine she’ll be successful in civil court where the standard is also preponderance of the evidence.

      • historiophiliac - Apr 24, 2014 at 11:02 PM

        Except the article doesn’t say that the grand jury did not find the evidence sufficient. It said the US attorney determined not to pursue it further. I’m curious why.

      • historiophiliac - Apr 24, 2014 at 11:04 PM

        Plus, attorneys are often unwilling to push suits because they have less confidence in success than juries might give them.

      • scruffmagee - Apr 25, 2014 at 12:14 PM

        The difference is that in civil court, a preponderance of evidence does not have to be without a reasonable doubt.

        See: O.J. Simpson criminal trial vs. civil trial

  7. dirtyharry1971 - Apr 24, 2014 at 9:17 PM

    maybe trade him to the jays?

    • Old Gator - Apr 25, 2014 at 6:40 AM

      Has our virtual village idiot ever seemed more irrelevant to a discussion? Or more tasteless and socially inept?

  8. sandrafluke2012 - Apr 24, 2014 at 9:36 PM

    That is why you should wait till marriage

    • historiophiliac - Apr 24, 2014 at 9:45 PM

      GFY

    • sabatimus - Apr 24, 2014 at 10:25 PM

      Keep this up and wait for the ban.

      • tfbuckfutter - Apr 24, 2014 at 10:32 PM

        I don’t think Ban will work.

        sandrafluke2012 needs some Right Guard.

        Preferably in aerosol form with a lighter added for good measure.

  9. hojo20 - Apr 24, 2014 at 9:37 PM

    After she had the proof of the anal tears, i’m stunned that Simon wasn’t tossed in jail. Maybe the girl’s story didn’t sound feasible to the prosecutors.

    • historiophiliac - Apr 24, 2014 at 9:44 PM

      Prosecutors are notorious for dumping cases they don’t think are slam dunks, and they are the gatekeepers.

      • clydeserra - Apr 24, 2014 at 11:45 PM

        no. no they are not. that is fiction.

        I am curious to as to why it was not pursued. I am sure sexual assault by athletes is under reported, but this one was reported. very curious.

      • historiophiliac - Apr 25, 2014 at 12:03 AM

        I’m not sure what part you disagree with: that they are not gatekeepers or that they dump cases they don’t think they can win.

      • clydeserra - Apr 25, 2014 at 8:02 AM

        that they dump cases.

        Its a common misconception about prosecutors. Like public defenders are bad lawyers, or that the truth comes out in trial, or circumstantial evidence is not good evidence, or police or investigators can look anything up on a computer.

        Those of us in the industry bristle at those common ideas. I blame TV.

      • historiophiliac - Apr 25, 2014 at 12:44 AM

        https://www.ncjrs.gov/pdffiles1/nij/199720.pdf

      • clydeserra - Apr 25, 2014 at 8:04 AM

        I’ll read that later, but I doubt it will change my mind. I doubt there is good data on that.

      • historiophiliac - Apr 25, 2014 at 9:47 AM

        I appreciate that you evaluated the effectiveness of their case without regard to from the evidence. ;)

      • clydeserra - Apr 25, 2014 at 3:12 PM

        hee

      • clydeserra - Apr 26, 2014 at 10:07 AM

        So I read it. A couple things,first and foremost it is very old. Second, They lump together what is legally irrelevant and what may be irrelevant to guilt but legally relevant to credibility. that makes the conclusions sort of messy.

        Yes, I agree, historically rape has been under prosecuted even when reported. But that does not continue today. that particular paper was based on data from the middle 90s. even in its text they see movement towards more prosecutions. that continued in the 10 years since the paper was published and 15 years since the data was collected.

        So yes, under reporting, under prosecuting of rapes is historically accurate. But not now.

      • historiophiliac - Apr 26, 2014 at 10:34 AM

        I’m sorry that in my short research I couldn’t find you something from yesterday, but my point that prosecutor are notorious for dropping cases because they don’t think they are winnable stands. They are well known for doing this (and not just from TV), but I do not have the time or interest in dragging this out (which would require I do more serious research and I obviously only wanted to a basic rebuttal in the first place). We clearly do not agree and are not going to. So, have a nice day.

      • clydeserra - Apr 26, 2014 at 11:03 AM

        I am not snarking you. thank you for the research.

        It is not my experience that prosecutors shy away from cases. Especially ones that they get outside grant funding for like rape.

        It has been true, I know that. The first case I worked a motion on as an intern, the prosecutor brought up the victim had worn a “thong.” It was gross and uncalled for, added nothing. But even then, he brought the case, put the woman on the stand. That was a 2001 case. Currently someone in my office has a case where the victim is accusing a date of rape. I can go on with anecdotes from all over northern california, and those are only stories that I have been personally involved in.

        To be sure, I also have worked and been around many many more cases that were brought by prosecutors that were righteous. I am not arguing that there is false reporting of rapes (I think that is very very rare). I am not a MRA.

        I AM saying that prosecutors today, in 2014, bring rape case when they come in. the rules of evidence prevent irrelevant things about the victim from being brought before the jury. Rules of evidence allow irrelevant things about the defendant to be discussed.

      • historiophiliac - Apr 26, 2014 at 11:24 AM

        I hope they do. I just know from my experience in civil law enforcement (which isn’t nearly as serious) that it was like pulling teeth to get attorneys to move on cases. I think it depends very much on the department, so you get a lot of variation. If I had the time and was at school so I could get into JSTOR easily, I might have found some other articles. I’d rather watch baseball though. :)

  10. metalhead65 - Apr 24, 2014 at 9:39 PM

    a year later and she sues him? no charges filed/ not arrested for it? let’s see he is now a productive starting pitcher in the major leagues so of course he must be rich! time to go to court!

    • historiophiliac - Apr 24, 2014 at 9:42 PM

      You clearly did not read the article. To anyone who has, you look stupid. It clearly explains what transpired after and the developments over the last year.

  11. jm91rs - Apr 24, 2014 at 10:01 PM

    Is the threshold for proving guilt lower in a civil case? That has always bothered me, that a civil court could ruin someone’s life even if a criminal court did not find guilt. That said, have you ever encountered someone and just knew they were not a good person? Simon gives off that vibe when you meet him. Of course that doesn’t mean he’s a rapist, but if he did it I hope this girl takes everything he has . I hope she takes more than he has because I’m sure someone will keep paying him to pitch and she should get that money too.

    • tfbuckfutter - Apr 24, 2014 at 10:20 PM

      The threshold in a civil court is pretty much “more likely than not” vs “beyond a reasonable doubt” because the penalties are far far less severe.

      Which is also pretty much the basis of a grand jury indictment, which is what makes the killing of criminal case in this instance kind of odd.

      • clydeserra - Apr 24, 2014 at 11:46 PM

        the standard is far far lower than either for teh grand jury.

  12. sabatimus - Apr 24, 2014 at 10:21 PM

    I’d be appalled at the rampant misogyny by HBT commenters (not just on this article) if it weren’t so common. GFY.

    • renaado - Apr 24, 2014 at 11:03 PM

      Lmao.

  13. huskerguy - Apr 24, 2014 at 11:14 PM

    With the way he’s going he will get welcomed on the Bengals team soon. Two sport player!!

    • renaado - Apr 24, 2014 at 11:34 PM

      Bengals? Is that a professional sports team there in the US?

    • renaado - Apr 25, 2014 at 1:32 AM

      Nvm, just searched it. Certainly one of those rugby like sport.

  14. infieldhit - Apr 25, 2014 at 1:00 AM

    If baseball players got into the same kind of legal trouble that NFL players do, I think it’d be tough to stay a fan.

  15. shanabartels - Apr 25, 2014 at 6:15 AM

    It’s really troubling that the US Attorney decided not to pursue a criminal case. In other words, even if Simon loses this civil case, he remains free. There’s no threat of prison time looming over him.

  16. deep64blue - Apr 25, 2014 at 6:17 AM

    We need to know her name, it’s a disgrace she can hide behind anonymity while Simon is named – has she done stuff like this before is a critical factor in assessing this story.

    • [citation needed] fka COPO - Apr 25, 2014 at 8:08 AM

      No we don’t. The percent of false accusations is so low that you don’t deserve to drag the accuser’s name through the mud on the off-chance she’s making it up.

      • scruffmagee - Apr 25, 2014 at 12:19 PM

        I hit report to your comment on accident (sorry, didn’t mean to. tried to hit reply)

        I agree with this, but I also think that the accused name should be protected until a verdict is decided. On the off chance it is a false accusation, the guys name is already drug through the mud and he will always have the stigma of a rapist following him, even if found not guilty.

        Please note that I am in no way supporting Simon here, just talking in general terms.

    • koufaxmitzvah - Apr 25, 2014 at 8:09 AM

      We don’t need to know anything unless we are on the jury.

  17. janessa31888 - Apr 25, 2014 at 7:22 AM

    I find it sickening that so many people blame the woman and label her a lying golddigger.

  18. doctorofsmuganomics - Apr 25, 2014 at 8:01 AM

    And here I always thought rape was more of a nba thing

    • doctorofsmuganomics - Apr 25, 2014 at 10:23 AM

      Truth hurts, doesn’t it basketball fans?

  19. jm91rs - Apr 25, 2014 at 8:34 AM

    I’m inclined to believe the victim here, and I’m not quite sure why. Anyone else find it crazy that unless this lady completely recants her story, we’re going always look at Alfredo Simon as a rapist? I guess that’s the price of fame sometimes, but it seems unfair to him that this info is made public at all. It makes me think of the Brian Banks story, a kid on his way to play football at USC when someone accused him of rape and 5 years later admitted that she made it up completely. However rare it is for someone to make up a story, one time is too often.

    Again, I’m saying I’m inclined to believe the victim, possibly only because I know Simon is not a good guy. I’m just a little torn between innocent until proven guilty and telling my boy we won’t watch anymore Reds games when Simon pitches.

    • [citation needed] fka COPO - Apr 25, 2014 at 9:38 AM

      I’m really confused by your statements here.

      Anyone else find it crazy that unless this lady completely recants her story, we’re going always look at Alfredo Simon as a rapist?

      You think it’s crazy that if she’s telling the truth, we’re going to refer to her rapist as a rapist? Why is that crazy?

      However rare it is for someone to make up a story, one time is too often.

      What a weird statement to hang this comment on. I’d prefer to think one time is too often to rape a woman, not the rare chance that someone falsely accuses another of rape.

      • historiophiliac - Apr 25, 2014 at 10:27 AM

        Here’s the little trick when talking about sexual assault: rather than argue against rape and look like a jerk, you just bring up the problem of false accusations to deflect. This puts victims advocates on the defensive and sidetracks the conversation from holding rapists accountable. Isn’t that clever?

  20. loushea - Apr 25, 2014 at 12:20 PM

    There is so much we don’t understand about the reporting process. Who are we to judge? I am so impressed with her ability to even come forward, anonymous or not, to get justice.

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