The allegation, detailed in police reports quoted in Oregon's Willamette Week newspaper yesterday, involved Cuban reaching down the backside of a woman's trousers and penetrating her vagina during a photo snapshot at a crowded Portland nightclub.
In their report explaining the decision not to pursue the case, prosecutors pointed to "lack of physical or substantial circumstantial evidence". "These allegations are thoroughly investigated by the Multnomah County District's Attorney's Office and the Portland Police Bureau", Cuban's attorney Stephen Houze said. A summary of the alleged victim's statement within the report stated that Cuban's hand moved from her lower back to her rear end, after which he allegedly "pushed his hand down the back of her jeans and inside her underwear where he cupped his hand over her groin area and inserted the tip of his finger into her vagina".
Though originally presented to police in 2011, the accuser came forward this week, saying she did so because "What he did was wrong".
According to Portland Police Department documents obtained by Willamette Week, a woman ran into Cuban while out on the town with her boyfriend following a Mavericks game against the Portland Trailblazers in April 2011. He also voluntarily passed a polygraph test, according to the report. Cuban and no one observed any inappropriate behavior by Mr. "I stand behind that report 1,000%".
The detective told Cuban he had several pictures of him with the woman and in two of them his shoulder was dipping and his arm appeared to be reaching down.
"If she told five friends right there and then, then that's what they're gonna tell the judge and I'm gonna be fucked".
Despite the claims of multiple Sports Illustrated sources, Cuban said he was not aware of the sexual misconduct alleged in the article.