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Restraining order denied to woman who accused Dodgers pitcher of assault

A woman was denied a restraining order against Los Angeles Dodgers pitcher Trevor Bauer after alleging that she was assaulted by him and the injuries she sustained lead to her hospitalization, according to The Washington Post.

The California woman, who during a testimony Monday said she was “terrified” during a sexual encounter with the baseball player, was denied a restraining order by Superior Court Judge Dianna Gould-Saltman. The judge said that she agreed with Bauer’s attorneys that the woman did not make her boundaries on rough sex clear enough.

Attorneys for the pitcher argued that the woman texted the pitcher that she wanted “all the pain” and led him to believe she wanted to be choked unconscious, according to the Post. 

“She left out the part where she asked for rougher sex and said that she’d never been more turned on than when she was choked out,” Bauer’s attorney Shawn Holley said during the testimony Monday.

Gould-Saltman said that a woman should be believed when she says “no,” but rhetorically asked, “What about when she says yes?”

She added that the woman’s injuries, shown in pictures, were “terrible” and would result in a “per se condemnation” of the offender. However, she found that the woman was “not ambiguous” about whether she wanted rougher sex and that Bauer “couldn’t know the boundaries which [the woman] didn’t express to him.”

The judge stated that the injuries the woman suffered while she was conscious, even if she tried to tell him to stop, did not call for a restraining order.

“She testified that she wasn’t able to speak part of that time, but [Bauer] couldn’t know that,” she said.

Gould-Saltman also found the woman to be “materially misleading” because she accused Bauer of calling and texting her “non-stop,” but the calls were from Bauer after he discovered she was in the hospital. He was reportedly calling her to see if she was OK. 

“While we have expected this outcome since the petition was filed in June, we appreciate the court reviewing all relevant information and testimony to make this informed decision,” Holley told reporters after the court hearing. 

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