Jay-Z allowed to file for dismissal in rape case
Shawn ‘Jay-Z‘ Carter has been granted permission to file for dismissal over the sexual assault allegation against him. District Judge Analisa Torres allowed Carter’s lawyer Alex Spiro’s request to file a dismissal motion on January 1st, relating to the lawsuit where his client is accused of raping a 13-year-old girl in 2000.
“The court has reviewed Defendant Shawn Carter’s letter seeking leave to file a motion to dismiss Plaintiff’s amended complaint and Plaintiff’s letter in opposition,” read court documents for the United States District Court for the Southern District of New York. “Carter’s request to file a motion to dismiss Plaintiff’s amended complaint is GRANTED.”
The alleged victim’s lawyer, Tony Buzbee, responded with an objection request. Carter’s motion is due on February 6th, with the Plaintiff ordered to file her opposition papers by February 28th. A response from Carter, if any, is then due before March 14th.
In the lawsuit refiled in December, the woman claimed she was raped by Carter and Sean ‘Diddy’ Combs following the MTV Video Music Awards in New York City. She alleges that Carter removed her clothes, held her down and raped her while Combs and a female celebrity watched.
She also said that Combs then raped her, as Carter and the same woman observed. The lawsuit claims she resisted being forced to perform oral sex on Combs and made him stop by hitting him in the neck.
Among his many reasons for dismissal, Spiro claimed that the accuser was ‘required—but failed’ to address the issues in the letter by December 27th, missing the five business day window. Spiro claimed Buzbee ignored information that allegedly nullified the case and that the legal statute the accuser is suing under wasn’t implemented until three months later.
“The GMV Law was not enacted until December 19th, 2000, three months after [Jay-Z’s accuser] claims the conduct occurred, and cannot apply retroactively to create a cause of action unavailable to Plaintiff at the time in question,” Spiro said in the December 30th filing.
In addition, Spiro argued that the claim that she was driven to the party in a 20-minute limousine ride means the alleged crime didn’t take place in New York City, making the lawsuit invalid.