The legal team of Jay-Z (real name Shawn Carter) has sent a letter seeking to dismiss his case of sexual assault by a minor on a technicality that could invalidate the case.
An unidentified 13-year-old plaintiff brought assault charges against Carter, Sean “Diddy” Combs, and an unidentified female celebrity (Celebrity B), accusing the two men of assault. Just last week, a federal Judge in the state of New York denied a request to dismiss these claims.
Now, Carter’s attorney, Alex Spiro, is trying to invalidate the plaintiff’s complaint using timing techniques, Deadline reports.
“Plaintiff cannot recover his sole claim under the Gender-Motivated Violence Protection Act (GMV Act), because of This law has no retroactive effect.” Analisa Torres second.
“Plaintiff asserts a violation of the GMV Act for conduct that allegedly occurred in September 2000,” Spiro continued. “But the GMV Act was not enacted until December 19, 2000, three months after the FAC declared that conduct had occurred and could not be applied retroactively to create a cause of action that Plaintiffs did not have. at the time in question.”
Furthermore, Spiro asserted that Jane Doe’s ability to pursue legal consequences against its clients “will expire before August 2021.”
Spiro and Carter noted that “any viable GMV Law claim is time-barred under New York’s Child Victims Act (CVA), which bars a GMV Law claim Plaintiffs,” following a sexual assault lawsuit against musician Steven Tyler by a minor that was later filed. dismissed because of the time it was presented.
In 2019, the Child Victims Act was amended to add an additional 30 months. “However, the Courts in this District have recognized that the CVA’s recovery period prevents the overlapping and extended periods of the GMV Act.”
Therefore, considering the fact that the alleged assault occurred more than two decades ago, the unknown defendant was three years too late to bring charges.
“Even if the GMV Law were retroactive – which it is not – to prevail, Plaintiffs must show that the violation was committed within New York City,” the letter to the judge stated. .
Originally published by The Latin Times.
Tags Diddy, Sean Combs, Lawsuit