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Jay-Z‘s lawyer has told the court that the anonymous accuser’s claims against his client and Diddy are too old to pursue.
Per Rolling Stone, the lawyer, Alex Spiro, filed new court paperwork yesterday (December 30) stating plans to challenge the lawsuit on grounds that the claim does not qualify for revival under the “lookback” window linked to New York City’s Victims of Gender-Motivated Violence Protection Act (GMVA). Spiro argued that the GMVA was not enacted until December 19, 2000, which took place three months after the alleged rape.
On December 8, it was reported that Jay-Z – real name Shawn Carter – was named in a lawsuit which alleged the rape of a 13-year-old girl in 2000 by the rapper and Diddy, real name Sean Combs.
In a statement issued via Roc Nation, Carter called the allegations “heinous in nature” and dismissed them as a “blackmail attempt”, and filed a court letter seeking the dismissal of the suit while maintaining his innocence. Combs also denies the accuser’s claims.
In Spiro’s letter to the court, obtained by Rolling Stone, he wrote: “[The GMVA] cannot apply retroactively to create a cause of action unavailable to plaintiff at the time in question. A contrary conclusion would violate both state and federal due process protections.”
The letter also cites a prior ruling that involved the dismissal of a sexual assault lawsuit against Aerosmith frontman Steven Tyler by former model Jeanne Bellino, who had claimed the singer had sexually assaulted her twice in one day when she was aged 17. Tyler denied the allegations.
The presiding judge over the case dismissed the claim because it sought to use the GMVA revival window for an alleged attack, which was said to have taken place in Manhattan, New York in 1975.
In a ruling last Thursday (December 26), Judge Analisa Torres declared that the woman can proceed anonymously in the case after Jay-Z had sought to reveal her name.
The judge pointed to the “weight of the factors” including the “highly sensitive and extremely personal” nature of the claim in making her decision, arguing it “tips the favour of allowing Plaintiff to remain anonymous, at least for this stage of the litigation”.
Carter’s team had sued the accuser’s lawyer Tony Buzbee for extortion and defamation, claiming that his demand letter only gave a two-week window to commit to a “confidential mediation” regarding an alleged male and female victim. Both have claimed they were drugged and raped when they were minors.
Buzbee has called the claim “patently frivolous” and added that it “will be dismissed,” per Rolling Stone. “I’ve never said a word about him. This is just another attempt to bully and intimidate me. It just won’t work.”
It followed Buzbee filing a lawsuit against Roc Nation where he accused the company and its lawyers of using “shadowy operatives” and promising to pay Buzbee’s former clients to illegally entice them into filing “frivolous” claims against him.
Roc Nation has denied that accusation, saying the lawsuit is “baloney” and a “pathetic attempt to distract and deflect attention” from the case. “Mr. Carter is not someone who can be intimidated,” the rapper’s lawyers said, adding: “He filed this lawsuit to pre-emptively call out Buzbee for the miscreant that he is.”
Earlier this month, the unnamed accuser, known in court documents as Jane Doe, admitted to making “some mistakes” in her recollection of that night.
In a video interview with NBC News, the woman, now 35, recalled the alleged events of the night from her memory as outlined in the lawsuit.
In a statement, Carter said the “incident didn’t happen” but Buzbee “filed it in court and doubled down in the press.”
“True Justice is coming. We fight FROM victory, not FOR victory,” the rapper continued. “This was over before it began. This 1-800 lawyer doesn’t realize it yet, but, soon.”
The accuser is seeking unspecified damages, with the lawsuit filed under New York’s Victims of Gender-Motivated Violence Protection Act.
Earlier this month, the NFL commented on the state of its relationship with Jay-Z and Roc Nation amid the allegations, stating that their “relationship’s not changing” with Roc Nation.
For more help, advice or more information regarding sexual harassment, assault and rape in the UK, visit the Rape Crisis charity website. In the US, visit RAINN.