PITTSBURGH -- Pitt quarterback Rod Rutherford's attorney wants to turn the tables on his accuser.

Channel 11 News first told you Thursday about the charges that would be filed.

The charges -- which include simple assault, indecent assault and criminal mischief -- were filed Friday.

Attorney Jim Wymard says University of Pittsburgh quarterback Rod Rutherford never touched the woman he's accused of assaulting and he now wants police to file charges against the alleged victim.

"Did he grab her?" Channel 11's Rick Earle asked.

"No, he did not. He did not touch her at all," Wymard said.

Wymard claims his client never touched the 19-year old woman while they were outside a restaurant at Station Square Monday morning.

Wymard admits Rutherford shattered a car window with his elbow, but he contends that happened after the woman threw a glass at Rutherford.

"(The glass) didn't hit him. It just missed him. Actually, it missed another individual," Wymard said.

"And that was the initial confrontation?" Earle asked.

"That's correct. That's why he went over to the car and demanded to know why she did what she did and struck the window a little more forcefully than he should have," Wymard said.

But police are telling a different story.

They say Rutherford became upset because the woman refused his advances, reached into the car and grabbed the woman's arm -- causing her to strike her head on the window.

As the car pulled away, they say Rutherford kicked the driver's window -- shattering it.

Police say the victim suffered cuts and swelling to her face.

Police have charged Rutherford with criminal mischief, simple assault and indecent assault.

Wymard says Rutherford went to the victim's home twice this week, apologized and offered to pay for the damages.

Wymard says he thought they would be able to work it out.

But now that police have filed charges against Rutherford, Wymard is demanding police file simple assault charges against the alleged victim.

"She had a drink in her hand and she threw it. We've asked that counter charges be filed against her," Wymard said.

"What did they say?" Earle asked.

"I'm waiting to hear," Wymard said.

Earle talked to a police representative Friday afternoon and she said Rutherford's attorney had not contacted police about filing charges.

Rutherford will receive a summons in the mail advising him to appear at a preliminary hearing.