Jay-Z is a step closer in his bid to drop a lawsuit accusing him of raping a 13-year-old girl in 2000.
Thursday, January 2, Judge Analisa Torres of the Southern District of New York accepted a request from the rap mogul’s attorney, Alex Spiroto file a motion to dismiss the case on procedural grounds, according to court documents shared via X by Legal Affairs Reporter Meghann M. Cuniff.
Spiro argued in a letter Monday, Dec. 30, to Judge Torres that the woman suing Jay-Z cannot make a claim against the rapper (real name Shawn Carter) under New York’s Gender-Based Violence Protection Act because it only took effect after she claims she was assaulted by Jay-Z.
In her lawsuit, the woman – identified only as “Jane Doe” – claimed she was raped by Jay-Z and Sean “Diddy” Combs at an MTV Video Music Awards afterparty in September 2000, when she was just 13 years old. (Both stars have denied the allegations.) NYC law providing civil recourse for victims of gender-based violence went into effect in December of that year. (It was amended in December 2022 to allow a two-year window for people to file historical claims that might otherwise have passed the statute of limitations.)
According to Judge Torres’ ruling on Thursday, Jay-Z’s lawyer has been given permission to file a motion to dismiss the case until February 6. Jane Doe’s attorneys will then have until February 28 to file opposition papers. Jay-Z has until March 14 to respond.
“Plaintiff cannot recover on her sole claim under the Gender-Based Violence Victims Protection Act (GBV Act) as a matter of law because the statute is not retroactive,” Spiro wrote in a letter to Judge Torres on Monday. . .
He continued, “Plaintiff alleges 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 alleges the conduct occurred, and cannot be properly enforced. retroactive to create a cause of action unavailable to the Plaintiff at the time in question.”
Doe’s attorney, Tony Buzzbeewrote a letter to Judge Torres on Tuesday, December 31, opposing Jay-Z’s request to file for dismissal. Buzbee wrote that “Defendant’s argument regarding the GMVA is unpersuasive, as it runs counter to the law’s primary purpose: to make it easier for victims of gender-based violence to seek civil remedies in court – not as the defendant would do. is more difficult,” according to a court document shared by Cuniff on Thursday.
Last week, Judge Torres said in court documents obtained by TMZ that Jane Doe can remain nameless after she rejected Jay-Z’s first attempt to drop the lawsuit and reveal Doe’s identity. However, the judge noted that circumstances could change as the case moves forward. Torres said she intends to reconsider the case if and when the case progresses.
Doe’s lawyer, Buzbee and Jay-Z are also locked in their legal battle. Jay-Z is suing Buzbee, accusing him of extortion and defamation. Buzbee filed his lawsuit against Jay-Z’s Roc Nation earlier this month, alleging the company bribed his clients to file lawsuits against his firm, threatened former clients and impersonated government officials. (Roc Nation called the lawsuit “baloney.”)