SAN DIEGO — Two lawsuits involving former NFL punter Matt Araiza, stemming from an alleged gang rape at a San Diego State University off-campus party in 2021, will be dismissed without a monetary settlement, according to the attorney representing the young woman in the case.
The agreement only pertains to Matt Araiza. The woman, identified as Jane Doe, is not dismissing her lawsuit against other former SDSU football players, the attorney said.
As part of the settlement agreement, Araiza will dismiss his defamation lawsuit filed against Jane Doe in July 2023. Doe will dismiss her lawsuit alleging sexual assault against Araiza filed in August 2022.
“I wouldn't consider it a win, relative to what normally happens. I'm just representing a young woman has been through hell. And she's decided to end part of the hell by ending this litigation,” said Dan Gilleon, who represents the young woman.
In court filings, Araiza has maintained his innocence saying he was never inside the house where the alleged assault took place on the evening of October 16, 2021. Araiza said he engaged in consensual sex with the then 17-year-old on the side of the house.
Gilleon said his client was faced with mounting legal bills in defense of the defamation lawsuit brought by Araiza.
“The first bill from her attorney was like $20,000 just to defend it and her parents’ insurance company refused to cover it. So, basically, there's just no choice,” said Gilleon.
Attorneys representing Araiza have scheduled a news conference for Wednesday morning where Araiza is expected to speak to reporters.
The now 23-year-old punter was released from the Buffalo Bills in the days following the filing of the sexual assault lawsuit in 2022. In December 2022, the San Diego County District Attorney's office declined to file criminal charges in the case.
“They were initially demanding a press release where she would say all this stuff like he wasn't in the room. She refused to go along with that press release,” Gilleon said.
Gilleon forwarded CBS 8 the signed agreement, which stated, “Without admitting and expressly denying any liability whatsoever, the Parties now desire to resolve any and all disputes which may exist between them, including but not limited to those which arise out of, are connected or related to, the Incident.”
“Each Party is solely responsible for any attorney’s fees, mediation fees, expert fees, and costs that he, she, or it has incurred,” the agreement stated.
Araiza's attorneys, Dick Semerdjian and Kristen Bush, released the following statement to CBS 8:
"This week marks the end of the August 2022 civil lawsuit filed against our client, Matt Araiza. Matt has reached an agreement requiring the plaintiff to dismiss her complaint against him in the next week. Matt is not paying the plaintiff any money and he is reserving his right to pursue the plaintiff’s attorney, Dan Gilleon, and his law office for the harm that they have caused him.
While we are here celebrating this victory with Matt and his family, the win is bittersweet. Matt has been forced to defend himself for the last sixteen months against false accusations and a campaign to ruin his career in the NFL. He will never get this time in his life back.
We cannot overstate the importance to our system of justice of the presumption of innocence. Matt has always maintained his innocence, despite the public outcry that resulted when he was falsely accused of crimes and civil assault. Thankfully, there was extensive evidence that was key to securing Matt’s voluntary dismissal from this lawsuit. Matt was and has always been innocent. The case is over, and Matt has prevailed. He now has the full intention of returning to the NFL in hopes of resuming a successful punting career.
Matt is appreciative of the San Diego Police Department’s thorough investigation of the allegations, the exonerating video evidence that was uncovered of the incident, and the numerous witness depositions which took place over the course of the last year which confirmed his innocence."
*****
Editor's note: This article has been updated from its original version to include the statement from Araiza's attorneys.
WATCH RELATED: Punter Matt Araiza files defamation lawsuit against his teenage accuser (July 2023)