Araiza, Zavier Leonard and Nowlin “Pa’a” Ewaliko were part of the San Diego State University football team at the time of the alleged incident last October.
Araiza said in a statement issued through his attorney that “the facts of the incident are not what they are portrayed in the lawsuit or in the press. I look forward to getting clarity on the matter quickly.”
Araiza did not play in the Bills’ preseason game against the Carolina Panthers on Friday in Charlotte, North Carolina.
Earlier, his lawyer, Kerry Armstrong, told CNN that his client did not rape the prosecutor.
“He never used force on her. She was not visibly intoxicated. He did not hand her a drink with anything in it,” Armstrong added.
Araiza “hopes it doesn’t affect this career with the Buffalo Bills. He really likes the team and hopes he can stay with them,” Armstrong said.
Jane Doe says she attended a party in the San Diego area with friends but became separated from them when she met Araiza, according to the lawsuit. The claim further alleges that Araiza “could observe that Doe was highly intoxicated” and “handed her a drink anyway.”
“Doe informed Araiza that she attended Grossmont High School. Araiza, who was 21 years old, knew or should have known that Doe was a minor,” the complaint states.
The woman says Araiza led her to a bedroom where “there were at least three other men already in the bedroom,” including Leonard and Ewaliko, who were both at least 18 at the time, according to the court document. Shortly after Doe entered the bedroom, the men allegedly began engaging in sexual acts with her, the lawsuit alleges.
“Doe was raped for about an hour and a half until the party was closed. Doe stumbled out of the room bloody and crying,” the complaint said.
Doe reported the alleged incident the next day to the San Diego Police Department and underwent a rape investigation at a local hospital, according to the lawsuit. Days later, detectives arranged “pretext” calls between Doe and the men they had determined to be her alleged attackers, the claim said.
“During the call, Araiza confirmed having sex with Doe and even told her to get tested for STDs,” the claim said, but when she pressed him about their meeting, “Araiza immediately changed his tone and said, ‘This is Matt Araiza I don’t remember anything that happened that night,’ at which point he ended the pretext call by hanging up on Doe,” the complaint states.
Ewaliko’s lawyer, Marc Carlos, told CNN in a phone interview that he sees some problems with Do’s credibility and the circumstances under which she reported the event. “The filing of the civil case is clearly an attempt to put pressure on the DA to file a case,” he said.
Ewaliko is not enrolled at San Diego State this semester, according to Carlos.
Leonard’s attorney, Jamahl Kersey, said, “We are aware of the lawsuit that was filed yesterday and we respectfully decline to comment.” He said he could not comment on his client’s status as a student or player at San Diego State.
Police have submitted their investigation to the San Diego County District Attorney’s Office and are being reviewed, the DA’s office said, although officials have not indicated when a charging decision might be made.
CNN has also requested comment from the police.
The university released a statement saying it “takes allegations of sexual misconduct seriously.” but was unable to release specific details about the case due to privacy concerns, stating that the allegations were still under “active university investigation.” The statement further said that a violation of the university’s student code of conduct could potentially result in “suspension, dismissal or expulsion.”
“We were recently made aware of a civil complaint involving Matt as of October 2021,” a Buffalo Bills spokesperson said. “Due to the serious nature of the complaint, we conducted a thorough investigation into this matter. As this is an ongoing civil matter, we will have no further comment at this time.”
NFL spokesman Brian McCarthy said in a statement that league officials are aware of the matter but had no further comment.
An NFL player cannot be suspended for conduct prior to joining the league. However, if an individual is being investigated for actions that occur while an NFL player, past conduct may contribute to potential discipline, according to the NFL’s personal conduct policy.
CNN’s Jill Martin and Taylor Romine contributed to this report.