Derrick Rose's accuser appeals defeat in rape lawsuit

FILE - In this Thursday, Oct. 6, 2016, file photo, New York Knicks basketball player Derrick Rose arrives at U.S. District Court in downtown Los Angeles. The lawsuit alleging NBA star Rose and his friends raped an incapacitated woman is all about consent. Jurors who return to court Tuesday, Oct. 18, for the civil trial will have to determine whether the woman agreed to sex or was too incapacitated to do so. (AP Photo/Damian Dovarganes, File)

The woman who lost her lawsuit accusing the New York Knicks point guard Derrick Rose and his two friends of rape appealed the verdict Thursday.

The appeal, which was filed with the 9th U.S. Circuit Court of Appeals, argues that relevant evidence was excluded and jury instructions were tainted.

"We combed the records, looked at the transcripts and I think the judge misapplied the rape shield law and, in doing so, abused his discretion," the woman's lawyer, Waukeen McCoy, told The Associated Press.

Rose, who is seeking $70,000 for court costs from the woman, was cleared last month in Los Angeles federal court after the men testified that the plaintiff consented to have sex.

The woman, who was seeking $21.5 million, claimed that she was unable to give consent when the incident occurred because she was incapacitated from alcohol and drugs.