JAY-Z is yet again seeking to dismiss the lawsuit which accuses him of raping a 13-year-old girl, this time by relying on legal technicalities.
Just last week, the Roc Nation mogul motioned to have the suit dismissed and his accuser’s identity publicly revealed. However, both requests were denied by a judge.
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In a new filing, Jay’s lawyer Alex Spiro is pushing to dismiss the suit based on two legal loopholes relating to the time and location of the alleged incident.
In it, Spiro argues that the woman’s rape claim doesn’t fall under the “lookback” window of New York City’s Victims of Gender-Motivated Violence Protection Act (GMVA) as the alleged assault occured several months after the law was established.
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“Plaintiff asserts a violation of the GMV Law for conduct that purportedly occurred in September 2000. But the GMV Law was not enacted until December 19, 2000, three months after the FAC claims the conduct occurred, and cannot apply retroactively to create a cause of action unavailable to Plaintiff at the time in question,” the filing reads.
The letter cites a separate case where a judge dismissed a rape lawsuit against Aerosmith frontman Steven Tyler because it missed the GMVA revival window.
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Spiro further argues that the woman’s lawsuit should be tossed because the GMVA statute only applies to incidents within city limits, whereas she claims she was raped at a property that Spiro says “would have been located outside the territorial boundaries of New York City.”
The anonymous woman alleges she was raped at an afterparty hosted by Diddy at a “large white residence with a gated U-shaped driveway” roughly 20 minutes away by car from NYC’s Radio City Music Hall, where the 2000 MTV Video Music Awards were hosted earlier that night.
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She claims Diddy took turns with JAY-Z raping her in a bedroom after she was drugged.
Her attorney, Tony Buzbee, has yet to respond to the filing.
JAY-Z has aggressively fought the rape accusations since they were first made public earlier this month.
In a rare public statement, he called the allegations “heinous” and “idiotic” while also hitting out at Buzbee, with whom he has become embroiled in a separate legal battle.
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“You have made a terrible error in judgment thinking that all ‘celebrities’ are the same,” Hov wrote. “I’m not from your moral world. I’m a young man who made it out of the project of Brooklyn. We don’t play these types of games. We have very strict codes and honor.”
He added: “We protect children, you seem to exploit people for personal gain. Only your network of conspiracy theorists, fake physics, will believe the idiotic claims you have levied against me that, if not for the seriousness surrounding harm to kids, would be laughable.”
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Alex Spiro also hosted reporters at Roc Nation’s headquarters earlier this month to outline evidence that he says refutes the claims against his client.
During his presentation, the attorney showed photos of JAY-Z at a different event to the one his accuser said he was at and claimed that none of the properties owned by Diddy at the time matched that of the description in the lawsuit.
