Where there's a criminal investigation, we take a back seat.
In the uncertain space between allegation and verdict, a young athlete continues to play while two investigations quietly unfold around him. NBA Commissioner Adam Silver, speaking with the measured caution of institutional practice, explained that the league has long held a principle: criminal process must precede league discipline. Josh Giddey, 21, remains on the court for the Oklahoma City Thunder — not exonerated, not charged, but suspended in the particular limbo that modern public life reserves for those caught between accusation and proof.
- Allegations of an inappropriate relationship with a minor surfaced in late November, igniting public outrage and prompting both Newport Beach police and the NBA to open separate investigations.
- Despite the gravity of the accusations, Giddey has played in every game since — greeted by boos from crowds unwilling to wait for due process to run its course.
- Commissioner Silver drew a firm institutional line: the league will not suspend a player on allegations alone, and defers to criminal investigations before taking independent action.
- Giddey's performance has collapsed — points, rebounds, assists, and minutes all sharply down — suggesting the weight of the situation is already reshaping his career regardless of legal outcome.
- With no charges filed, no confirmed victim identity, and police still working, the entire trajectory of the case — and Giddey's future — remains hostage to what investigators ultimately find.
Josh Giddey has played every game since allegations of an inappropriate relationship with a minor emerged in late November, images and videos posted anonymously to social media showing him with a young woman. The Newport Beach Police Department opened an investigation. The NBA opened one too. And still, he plays — met each night by boos from stands that have already rendered their own verdict.
On Saturday, Commissioner Adam Silver addressed the mounting question directly. His answer was rooted in institutional precedent: the league does not suspend players on allegations alone, and when a criminal investigation is active, the NBA steps back. 'That's where things currently stand,' Silver said, leaving open the possibility of future action without committing to any. The Players' Association's obligation to protect Giddey's legal rights further constrains the league's hand.
The allegations themselves remain legally unresolved. Videos show Giddey referring to the woman as 'my girl' outside a nightclub; other images place them together in ambiguous but suggestive contexts. No charges have been filed. Giddey has offered only silence. California's age of consent is 18, though legal experts note that reasonable belief of adulthood can serve as a defense — leaving the specifics murky and consequential.
What is not murky is the toll already taken. Giddey's scoring average has dropped nearly five points from last season, with rebounds, assists, and playing time all declining sharply. The Thunder have moved forward without him as a central piece. A player once positioned for a lucrative second contract now exists in a kind of professional suspension — allowed to play, diminished while doing so, waiting for a police investigation to determine whether the NBA's own reckoning will follow.
Josh Giddey took the court again last week, and again the boos came. The 21-year-old Australian guard for the Oklahoma City Thunder has played in every game since allegations of an inappropriate relationship with a minor surfaced in late November, images and videos posted anonymously to social media showing him with a young woman. The Newport Beach Police Department in California opened an investigation. The NBA opened one too. And still, Giddey plays.
On Saturday, NBA Commissioner Adam Silver addressed the question that had been building in the stands and across sports media: Why hasn't the league suspended him? Silver's answer was direct and rooted in institutional practice. "I can't think of many circumstances where we've suspended a player based on an allegation alone," he told ESPN's Malika Andrews. The league, he explained, has a consistent policy when criminal investigations are underway—it steps back. The police investigation takes precedence. The Players' Association's obligation to protect the player's legal rights takes precedence. The NBA investigation waits.
"Where there's a criminal investigation, we take a back seat," Silver said. "That's where things currently stand." He was careful not to foreclose the possibility of future action—"I'm not going to say 'never, ever'"—but the message was clear: suspension is not coming while Newport Beach police are still working.
The allegations themselves remain unresolved in any legal sense. Videos posted to social media show Giddey speaking to what appears to be the woman's brother, mentioning her as his sister and wishing him luck in an upcoming basketball game. In another clip, filmed outside a nightclub, Giddey refers to the woman as "my girl." One image shows him shirtless standing behind her. No charges have been filed. Giddey has not been arrested. When pressed by reporters in late November, he offered only: "There is no further comment right now."
California's age of consent is 18, but legal experts note that someone accused of statutory rape can mount a defense if they reasonably believed the alleged victim was an adult—if she claimed to be over 18, carried a fake ID, or was present in an adult venue like a bar. The specifics of the allegations, the age of the woman in question, and the nature of any relationship remain murky, known only to police and the NBA's investigators.
Meanwhile, Giddey's on-court performance has cratered. He is averaging 11.8 points per game this season, down nearly five points from last year. His rebounds are down 2.2 per game, his assists down 1.9. His playing time has fallen from over 31 minutes a night in his first two seasons to 26 minutes now. The Thunder, one of the league's hottest teams, have moved on without him as a central piece. Opposing teams have exposed his struggles. The weight of the allegations, whether or not they prove true, has already altered the trajectory of his career.
Giddey signed a four-year, $41 million rookie contract with Oklahoma City. Before the allegations emerged, he was positioned to command significantly more in his next deal, a prospect that now seems distant. He remains, for now, a player in limbo—allowed to play, booed when he does, waiting for a police investigation to conclude and a league investigation to resume. The path forward depends entirely on what Newport Beach police find.
Notable Quotes
I can't think of many circumstances where we've suspended a player based on an allegation alone. Where there's a criminal investigation, we take a back seat.— NBA Commissioner Adam Silver
The Hearth Conversation Another angle on the story
Why does the NBA let him keep playing if the allegations are serious enough to investigate?
Because Silver and the league have a doctrine: when police are investigating a crime, the NBA doesn't move first. They wait. It protects the player's legal rights and avoids the league making a judgment call that could interfere with a criminal case.
But fans are booing him. Doesn't that pressure the league to act?
It does, and that's the tension. But Silver is saying the league has historically avoided suspending players on allegations alone. Once charges come—if they come—that changes the calculus.
What happens if the police investigation clears him?
Then the allegations evaporate, at least legally. The NBA's parallel investigation would likely close too. He'd still have to rebuild his reputation and his game, which has already declined.
And if they charge him?
Then the NBA investigation moves from the back seat to the front. Suspension becomes likely, maybe permanent ban. But we're not there yet.
How long does this usually take?
Criminal investigations don't have a set timeline. Could be weeks, could be months. Giddey plays in that uncertainty the whole time.
Is there any precedent for this?
Silver says the NBA has done this before—waited for police while a player kept playing. It's the institutional answer to a hard problem: how do you handle serious allegations without prejudging a criminal case?