Judge lets Jay-Z pursue legal loophole to dismiss rape case

Jay-Z has won a legal victory that brings him one step closer to being dismissed from a lawsuit alleging he raped a 13-year-old girl.

Source: Axelle/Bauer-Griffin/Getty

The tycoon has fiercely and personally maintained his innocence since the shocking addition of his name to the case made headlines. While battling the alleged victim's attorney, Tony Buzbee, in the court of public opinion, Jay-Z's legal team challenged the merits and factual basis of the case.

But this was not enough to stop the procedure. NOW, Us every week reports that the rapper has the green light to attempt a new legal loophole to have the civil case against him dismissed “on procedural grounds.”

As BOSSIP previously reported, Jay-Z's attorney Alex Spiro moved to file a motion to dismiss, saying it was too late for the accuser to sue. The request argued that the alleged assault took place months before New York City's Gender-Based Violence Protection Act took effect in December 2000. In late 2022, an amendment was made. gave victims an additional two years to come forward with historical allegations beyond the deadline. normal limitation period.

Judge allows Jay-Z's lawyers to exploit legal loophole in new strategy

Source: Kara Durrette/Getty

On January 2, Judge Analisa Torres of the Southern District of New York granted the request to file the motion to dismiss by February 6. The ruling doesn't mean the motion will succeed, just that the judge will allow Jay-Z's team to make the argument. It also does not require proof of guilt or innocence, it simply requires whether the case has progressed with validity.

“The plaintiff cannot recover her sole claim under the Gender-motivated Violence Victims Protection Act (the GMV Act), as a matter of law, as the law does not have retroactive effect,” the statement reads. request.

“Plaintiff asserts a violation of the GMV Act for conduct that allegedly occurred in September 2000. But the GMV Act was not enacted until December 19, 2000, three months after the FAC claimed the conduct occurred. produced, and cannot apply retroactively to create a cause of action not available to plaintiff at the time in question,” the filing continues.

Jane Doe initially filed a lawsuit against Sean “Diddy” Combs for rape, then against Jay-Z in December. It's unclear how a ruling on Jay-Z's motion will affect the prosecution of the case against Diddy, who remains in federal custody awaiting trial on sex trafficking charges.

Tony Buzbee responded to the request's argument on New Year's Eve, saying it defeats the purpose of the GMVA law.

“Defendant's argument regarding GMVA is unpersuasive because it is contrary to the law's primary intent: to make it easier for victims of gender-based violence to seek civil remedies in court – not, as the defendant claims, to make the task more difficult. » Buzbee's letter states.

The woman's lawyers, allowed to remain anonymous by the court, will have until February 28 to challenge the decision. Spiro will still have two weeks to respond.