In the case of the San Diego woman, she provided medical records that showed doctors had diagnosed her with “assault by manual strangulation” and “acute head injury” following a sexual encounter, in which she said Bauer choked her with her own hair and punched her in the face and vagina. In her testimony in court, the accuser said, “I did not consent to bruises all over my body that sent me to the hospital, and having that done to me while I was unconscious.” Bauer’s agents have said the encounter was “wholly consensual.”

In lifting the temporary restraining order, Los Angeles Superior Court Judge Dianna Gould-Saltman said the woman’s injuries, as depicted in photographs, were “terrible.” But the judge also said the only evidence of any injury the woman sustained while unconscious resulted from getting “hit on the butt.” The judge also said the woman was “not ambiguous about wanting rough sex in the … first encounter and wanting rougher sex in the second encounter.”

Baseball’s domestic violence and sexual assault policy states that “a single incident of abusive behavior … may subject a player to discipline.” The policy also states that “lack of consent is inferred when a person uses force, harassment, threat of force … or other coercion, or when the victim is asleep, incapacitated, unconscious or legally incapable of consent.”

It is unlikely that Manfred would impose a suspension so long as owners continue to lock out players.