Judge Lets Jay-Z Pursue Legal Loophole To Dismiss Rape Case

Jay-Z scored a court victory that brings him closer to getting dismissed from the lawsuit alleging he raped a 13-year-old girl.

The mogul has fiercely and personally maintained his innocence since the shocking addition of his name to the case made headlines. While he fought 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.

However, that wasn’t enough to halt the proceedings. Now, Us Weekly reports the rapper has the green light to try a new legal loophole to get the civil case against him thrown out “on procedural grounds.”

As BOSSIP previously reported, Jay-Z’s attorney Alex Spiro requested to file a motion to dismiss, claiming it is too late for the accuser to sue. The request argued that the alleged assault took place months before New York City’s Gender-Motivated Violence Protection Act law went into effect in December 2000. At the end of 2022, an amendment gave victims an additional two years to come forward with historical allegations beyond the normal statute of limitations.

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On Jan. 2, Southern District of New York Judge Analisa Torres granted the request to file the motion to dismiss by Feb. 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 doesn’t require proof of guilt or innocence, simply whether the case moved forward with validity.

“Plaintiff cannot recover for her sole claim under the Victims of Gender-Motivated Violence Protection Act (the GMV Law), as a matter of law, because the statute does not have retroactive effect,” the request stated.

“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 continued.

Jane Doe initially filed the lawsuit against Sean “Diddy” Combs for rape and later named Jay-Z in December. It is unclear how a ruling on this motion from Jay-Z will affect the case continuing against Diddy, who remains in federal custody awaiting his sex trafficking trial.

Tony Buzbee responded to the argument in the request on New Year’s Eve, claiming that it defeats the purpose of the GMVA law.

“Defendant’s argument as to the GMVA is unpersuasive, as it is contrary to the law’s primary intention: to make it easier for victims of gender-motivated violence to seek civil remedies in court—not, as Defendant would have it, make it harder,” Buzbee’s letter stated.

Attorneys for the woman, allowed to remain anonymous by the court, will have until Feb. 28 to challenge it. Spiro will have another two weeks to reply.