Photo Credit: Jay-Z by Alex Johnson / CC by 2.0
The woman who accused Jay-Z of sexually assaulting her in 2000 is asking a judge to dismiss the rapper’s countersuit against her.
Identified only as Jane Doe, the woman alleged in court documents back in December that Shawn “Jay-Z” Carter and Sean “Diddy” Combs raped her at an MTV Video Music Awards afterparty when she was 13 years old.
Although her attorneys voluntarily dismissed the case in February, Jay-Z filed a countersuit against Jane Doe and her lawyers, Tony Buzbee and David Fortney, in March. Now, Doe has filed a motion to dismiss Jay-Z’s lawsuit.
In his lawsuit against her and her attorneys, Jay-Z alleged malicious prosecution, abuse of process, and civil conspiracy. Notably, he also sued Doe separately, alleging defamation. But in her motion filed on Tuesday, Doe and her legal team say Jay-Z “fails to state a claim upon which relief can be granted.”
“Carter has not alleged facts that would support an abuse of process claim,” the filing states, arguing that Jay-Z’s malicious prosecution claim falls short, as he alleges that the lawsuit was initiated and prosecuted for malicious reasons, “not that any process was wrongfully used after issuance.”
Moreover, the filing says the civil conspiracy claim should also be dismissed, given that Doe’s lawyers “have shown that, as attorneys, they are not liable for civil conspiracy under these allegations.” A conspiracy, they state, requires more than one party; “Doe cannot be liable for civil conspiracy.”
Doe further claims that, based on Jay-Z’s own allegations, he was not damaged by any potentially defamatory statements. He claimed that an NBC News piece “disproved” her claims against him, and that “no person of ordinary care and prudence” would have believed the allegations against him in the first place.
Jay-Z’s countersuit seeks assumed, actual, and punitive damages.
Content shared from www.digitalmusicnews.com.