MIAMI – South Florida prosecutors said Wednesday they will not file rape charges against former Dallas Cowboys star Michael Irvin.
A woman filed a lawsuit Feb. 4 in Broward County Circuit Court seeking unspecified damages for a sexual assault that allegedly occurred July 4 or 5, 2007, at the Seminole Hard Rock Hotel & Casino in Hollywood. The Broward State Attorney's office reported it would not file charges.
The incident was reported to Seminole tribal police on July 20, 2007, but the woman later signed a waiver of prosecution, according to tribe officials.
The Broward State Attorney's office was investigating the claims, but a spokesman said there was no physical evidence because the woman waited more than two weeks to report the incident.
Irvin, 43, is a member of the Pro Football Hall of Fame who starred at wide receiver for the Cowboys from 1988 to 1999. The Fort Lauderdale native was also a star in college for the University of Miami, playing on the Hurricanes' 1987 national championship team. Irvin is now an analyst for the NFL Network.
Irvin's attorney, Larry Friedman of Dallas, said Wednesday's announcement was not unexpected, but he and Irvin were glad to hear it.
"We expect the civil case to end the same way," Friedman said. "The allegations have no credibility, and the state attorney realizes that."
Friedman has said Irvin was approached by the woman's lawyer shortly before Irvin was to appear on last season's "Dancing With The Stars" competition. Irvin was told he must pay the woman $1 million, according to Friedman, or a lawsuit would be filed to coincide with the Super Bowl, which was being played Feb. 7 in Miami.
Friedman called the lawsuit "civil extortion," saying the woman's entire story is false.
Friedman has filed a countersuit against the woman claiming, among other things, civil extortion and defamation.
An after-hours telephone message left Wednesday with an attorney for the woman filing the lawsuit was not immediately returned.
According to the woman's lawsuit, Irvin got her drunk and took her to his hotel room where he and another, unidentified man insisted on sexual favors. The woman claims Irvin raped her and the other man forced her to perform oral sex.
Irvin has had previous brushes with the law, including a no-contest plea to a cocaine possession charge in 1996. Later that year, Irvin and another Cowboys player were accused of sexual assault by a woman, but an investigation found the story was false and the woman recanted.
The Associated Press typically does not name alleged sexual assault victims.