Dak Prescott's lawyer promises malicious prosecution claim against alleged victim and her lawyers

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Earlier this week, Dak Prescott's alleged sexual assault victim and her lawyers filed a motion to dismiss his lawsuit claiming extortion and other torts. Prescott's lawyer attacked the motion in a statement issued to WFAA.com — and vowed to file a new claim against them.

"The Defendants' Motion to Dismiss is total nonsense," attorney Levi McCathern said. "They have yet again misrepresented the relevant facts and misconstrued the law as it applies to them. We are going to show, plain and simple, that this case is about the ridiculous attempt by [the victim] and her lawyers, Yoel and Bethel Zehaie, to extort Dak Prescott out of $100 million based on fabricated allegations, which could not be further from the truth. And, now that Dallas County has rightfully closed its investigation into the Defendants' false allegations regarding Mr. Prescott, we intend on promptly filing claims against the Defendants for malicious prosecution."

McCathern also expressed gratitude for the decision of the authorities to not pursue criminal charges against Prescott.

"I want to thank the Dallas Police Department and Dallas County District Attorney's office for their thorough investigation of the allegations against Dak Prescott," McCathern said. "As we knew they would, they found nothing in their extensive exploration of the facts that would support a criminal prosecution. We are confident that at the end of law enforcement's investigation into the extortion case that they will find the accuser and her attorneys just as guilty as Dak is innocent. As I have said from the beginning, Dak is a great football player, and an even better human. He would never assault any woman. These false accusations were brought up seven years after the alleged events for one reason and one reason only — to line the pockets of the accuser and her attorneys. Their behavior is an affront to all the true survivors of sexual assault."

Again, there's a difference between the criminal and civil standards. Prosecutors chose not to proceed, because they concluded they couldn't prove guilt beyond a reasonable doubt. The alleged victim makes a claim. Prescott denies it. With no corroboration, there's no way to avoid the cancellation of the two witnesses from ending up creating a giant pile of reasonable doubt.

The civil case will continue. The alleged victim will have a chance to prove his case, with Dak defending himself against it. Dak will have a chance to prove his case, with the alleged victim and her lawyers defending themselves. The burden of proof is much lower, if either side manages to get their respective cases to trial.