Jalen McDaniels, a sophomore forward on the San Diego State basketball team, has been accused by two women of recording them performing sex acts and distributing the video through social media.
A civil suit was filed on behalf of one of the women Wednesday in a King County Superior Court in Washington. The filming of the sexual acts allegedly occurred in 2016 when McDaniels was a student at Federal Way High School.
The suit was filed by attorney Joan Mell. According to a report in the USA Today, Mell said she also plans to file a second invasion of privacy suit next week on behalf of the second woman against McDaniels and the school district, after the school's basketball coach was allegedly told about the incident but failed to report it.
Gwen Gabert, now 20, said McDaniels used his cell phone without her permission to record her performing a sex act on him. She told police in April 2016, but no charges were filed.
"He's just living his life and he's thriving in California and playing basketball where Tally and I are just still suffering," Gabert told an NBC affiliate in Washington.
She added that her life has been "nothing close to normal" since the incident.
She showed reporters a scar running down her wrist which she says is a result of self mutilation.
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Federal Way police investigated the case again this fall and recommended two counts of voyeurism against McDaniels. However, the King County prosecutor's office chose not to press charges.
Gabert went public with her allegations in October and November without specifically identifying McDaniels. That changed Wednesday with the filing of the civil suit.
The lawsuit doesn't specify how much Gabert is seeking in damages, but says the money will be used to help pay for her medical and mental health treatment bills.
San Diego State University issued a statement after the suit was filed.
"San Diego State University and SDSU Athletics takes all allegations of misconduct seriously. First and foremost, we recognize that this is a difficult time for the individuals and loved ones of all of those involved. The University is committed to helping students make the best possible decisions. Cultivating a campus culture that promotes human dignity, civility, and mutual respect is foundational to the University’s values, and all student are held to that high standard. An investigation completed by local municipal authorities in Washington state concerning the events that preceded the current student-athlete’s enrollment at the University resulted in no charges. At this time, there will be no change in the individual’s status at the University. The University will continue to monitor the situation."
McDaniel played in Wednesday night's game against Cal State Dominguez Hills.
"I acknowledge there are a lot of people hurting right now, and my heart goes all of them." SDSU head coach Brian Dutcher said after the game.
McDaniels is a potential NBA lottery talent and is the Aztecs' No. 2 scorer this season, averaging 14.9 points per game.
