Jay-Z is opening a new front in his all-out attack on the anonymous accuser who claims she was sexually assaulted by him and Sean Combs when she was a minor in September 2000.
After suing the woman's lawyer for extortion, vehemently denying the claims in a lengthy statement of reasons on the grounds that the decades-old rape complaint simply doesn't qualify to be taken up under the “research” window. linked to New York City's Victims of Gender-Motivated Violence Protection Act (GMVA). In his statement, attorney Alex Spiro said the act was not enacted until December 19, 2000, a full three months after the alleged rape.
“[Il GMVA] cannot apply retroactively to create a cause of action not available to the plaintiff at the relevant time,” Spiro wrote in his letter to the court, obtained by Rolling Stone. “A contrary conclusion would violate both state and federal due process protections.”
The letter cites an earlier ruling in which a fellow federal judge in the Southern District of New York rejected a sexual assault lawsuit brought by former model Jeanne Bellino against Aerosmith frontman Steven Tyler. The judge rejected that claim because he sought to use the GMVA relaunch window for an alleged assault that allegedly occurred in Manhattan in 1975, when Bellino was 17 and Tyler about 27. Both Bellino and Jay-Z's anonymous accuser have cited the GMVA window still open after missing the August 2021 deadline to file otherwise time-barred claims under New York's Child Victims Act.
In her complaint, the woman alleges that both Combs and Jay-Z, real name Shawn Carter, raped her during a private afterparty following the MTV Video Music Awards held in Manhattan on September 7, 2000. She said she was 13 years old at the time that he gained access to the party by showing up at Radio City Music Hall without a ticket, chatting with Combs' limo driver, and eventually receiving an invitation because he supposedly “fit what Diddy was looking for.”
On December 13, the woman spoke to NBC News and acknowledged inconsistencies in his story. After initially telling the publication that she had socialized with musician Benji Madden at the party, she later admitted that she had misidentified the people. The retraction came after a representative for Madden said he was on tour in a different state and did not attend the VMAs that year. The woman's father also said he did not remember picking her up at a gas station after the alleged rape, as she had claimed. “So I made mistakes,” the woman said in a later interview. “I may have made a mistake in identifying [Madden.]” The woman stressed, however, that she continues to stand by her claims.
In his presentation Monday, Spiro further argued that the girl's request would not qualify for revival under the GMVA for the additional reason that the statute was enacted by the New York City Council and applies only to conduct within the city limits. He said the alleged afterparty location described in the lawsuit as a “large white residence with a U-shaped driveway” located 20 minutes from Radio City Music Hall “would be located outside the territorial boundaries of New York City.” . (The lawsuit does not provide an address or district.)
Last week the judge overseeing the case ruled that the woman could continue to proceed anonymously, at least during “this extremely early stage of the case.” The judge also rejected Spiro's requests for quick sentences. “The Court will not expedite the judicial process simply because counsel requests it,” wrote U.S. District Court Judge Analisa Torres.
In a second letter to Judge Torres filed Monday, Spiro said he received the court's message. He submitted his request for an “evidence preservation order” to Drew, saying he served a records preservation notice directly on Jane Doe's attorney, Tony Buzbee, so there was no need for the court to intervene.
“Mr Spiro likes to send a lot of letters. I don't think any of them deserve comment,” Buzbee said in an email to Rolling Stone.
The anonymous lawsuit naming both Combs and Carter is one of more than 30 sexual assault lawsuits filed against Diddy since his ex-girlfriend Cassandra “Cassie” Ventura first sued him for rape and human trafficking in November 2023 That lawsuit was settled within 24 hours, but opened the door to more charges and a criminal investigation.
From Rolling Stone US
