"We take a backseat" - Adam Silver addresses concerns on NBA allowing Josh Giddey to play amid alleged scandal

As law enforcement authorities investigate allegations of an inappropriate relationship between OKC Thunder rookie Josh Giddey and a minor, the NBA has taken a back seat with its own investigation, per commissioner Adam Silver.

The Newport Beach Police Department in California has initiated an investigation into the recent allegations surrounding 21-year-old Josh Giddey, which emerged on social media.

Josh Giddey has appeared in five games since the allegations surfaced and has averaged 10.4 points, 5.6 rebounds and 3.4 assists per game. The fact that he has been playing has been questioned by some, who think it sends the wrong message.

On Friday, Silver clarified why the league did not suspend Giddey and explained the NBA's approach to investigations:

“I think if you look back, I can't think of many circumstances where we've suspended a player based on an allegation alone. In this case, we have an allegation and then you have a police investigation and a parallel league investigation. I'd also add that where there is a criminal investigation, we take a backseat.”

Silver said the NBA has been in contact with the Newport Beach Police regarding the investigation:

“There’s an ongoing criminal investigation, Newport police opened up that investigation, notified us. We then take a back seat and that's where things currently stand."

The OKC Thunder went 2-3 in that span, securing wins over the LA Lakers and the Dallas Mavericks, while losing to the Philadelphia 76ers, Minnesota Timberwolves and the Houston Rockets.

Josh Giddey investigation at an impasse

The investigation into Josh Giddey concerning accusations of an inappropriate relationship with a minor is facing challenges. The teenage girl and her family are reportedly unwilling to collaborate with authorities.

In California, sexual intercourse between an adult and a minor within a three-year age difference results in a misdemeanor charge, carrying a maximum one-year jail term.

If the age gap is more than three years, the charge can be either a misdemeanor or a felony, with the felony charge potentially leading to a maximum jail sentence of 16 months, two years, or three years.

Sexual intercourse involving a minor under 16 and an adult aged 21 or older is a felony and the offender may be sentenced to imprisonment for two, three, or four years.

Gedulin Law suggests potential defenses against statutory rape charges, including mistaken age, a reasonable belief that the minor was over 18, lack of knowledge about the minor's age, and consent if the minor, close in age, agreed to the activity.