Mark Cuban, in a three-word email to the Associate Press, denies the sexual assault allegations stemming from an alleged 2011 incident that emerged on Tuesday night, writing, "It didn't happen". She claimed Cuban put his hand down the back of her jeans and penetrated her with his finger while the picture was being taken, according to the memo.
One appeared to show Cuban reaching toward the woman's buttocks.
Cuban has denied the allegations.
"There is no evidence to corroborate the complainant's statement and there is evidence contradicting the claim", prosecutors wrote in a report explaining why they weren't pursuing the case, adding that the woman didn't want to proceed either.
Though originally presented to police in 2011, the accuser came forward this week, saying she did so because "What he did was wrong". She says that despite the fact no charges were filed, she stands behind her report "1,000 percent".
The woman went to police more than a week after the incident, but she immediately told her friend and boyfriend about it.
Police also reviewed seven photographs taken of the woman and one of her friends standing next to Cuban at the time. He was never charged, after he passed a polygraph test and police determined there was insufficient evidence.
'Her teeth are clenched, eyes wider than the other pictures and brow raised showing a look of surprise and strain, ' it said.
Cuban, she said, appeared "very drunk". Cuban actually chose to speak at length with Portland Police Detective Brendan McGuire, who filed the report, rather than consulting an attorney first. "In this case have you lied to your attorney in any way?" The claim is that Cuban allegedly thrust his hand down the back of her trousers and "penetrated her vagina".
"The case detective and the complainant both agree with the conclusion there is no corroborative evidence to support the complainant's allegation", wrote senior deputy DA Don Rees on July 27, 2011, via Williamette Weekly.
The publication of the allegation comes two weeks after a Sports Illustrated account that portrayed a hostile work environment for women in the front office of the Mavericks.
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