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Bernstein: Separating The Patrick Kane/Derrick Rose Allegations

By Dan Bernstein--
CBSChicago.com senior columnist

(CBS) It's understandable to juxtapose the respective rape accusations against the Blackhawks' Patrick Kane and the Bulls' Derrick Rose, seeing that they are similarly aged superstar athletes who play games in the same building during the same months of the year.

But these cases are quite different, and some important things must be kept in mind.

Kane remains under criminal investigation by the Erie County District Attorney and Hamburg, N.Y. police. A woman has accused him of overpowering and raping her in his home, according to reports. No charges have been filed.

Rose is reported to be the defendant in a civil suit in which a woman says he and his friends drugged her, broke into her home and gang-raped her. She's seeking unspecified damages.

The burden of proof in a criminal case is higher because so much more is at stake, so the jury must be convinced of guilt beyond a reasonable doubt. In a civil case, the threshold is a preponderance of the evidence that shows the defendant is responsible for the alleged act(s).

Kane and Rose may both work in the United Center, but their respective legal issues are occurring in entirely different arenas.

Dan Bernstein is a co-host of 670 The Score's "Boers and Bernstein Show" in afternoon drive. Follow him on Twitter @dan_bernstein and read more of his columns here.

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