DQ ON SATURDAY | Jay-Z’s rape lawsuit: Could a criminal complaint follow? Will Jane Doe’s identity be revealed? Legal experts weigh in

December 14, 2024
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Rap Don, SHAWN CARTER aka Jay-Z

Jay-Z, real name Shawn Carter, has launched his defense against allegations that he raped a 13-year-old girl alongside Sean “Diddy” Combs in 2000.

Since he was named on Dec. 8 in the civil lawsuit — in which a Jane Doe alleged the two rappers raped her at an MTV Video Music Awards after-party — he’s denied the allegations in a stinging statement and accused Doe’s lawyer Tony Buzbee of trying to “blackmail” him by pressuring him to settle out of court.

Carter’s attorney Alex Spiro has since filed to have Doe’s identity revealed or to have the case dismissed. He also asked Southern District of New York Judge Analisa Torres to expedite the case “due to the highly sensitive nature of this matter and the intense media scrutiny it has generated.”

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“For the avoidance of doubt, Mr. Carter is entirely innocent. This is a shakedown,” Spiro wrote in a Dec. 9 filing. “Every day and in real-time, Buzbee continues to amplify false narratives, exploiting the legal process to generate media attention and damage Mr. Carter’s reputation.”

As Combs — who also maintains his innocence to what he has called “patently false” and “unfounded” allegations made against him over the last year — sits in jail on sex trafficking and racketeering charges, as well as faces potentially 150 civil sexual assault lawsuits, it’s only natural to wonder what’s next for Carter in this case.

Could criminal charges follow? Will Doe’s identity be made public? And what happens next? Yahoo Entertainment spoke to legal experts about those questions.

Could Carter’s accuser file a criminal complaint?

In Carter’s statement denying the allegations, the rapper implored Doe to “file a criminal complaint, not a civil one.” Her lawyer, Buzbee, told TMZ that she’s not ruling it out. So she can, but what’s to be determined is if the alleged crime could be prosecuted.

“Prosecutors would likely assess whether charges can be brought based on the statute of limitations and the strength of available evidence,” San Diego criminal defense lawyer Elmira Yousufi of David P. Shapiro Criminal Defense Attorneys told Yahoo. “In New York, first-degree rape has no statute of limitations, so if the alleged assault qualifies under this charge, prosecution could move forward regardless of the time elapsed. However, if the case doesn’t fall under this charge, the statute of limitations may bar prosecution.”

Time may also very likely be a factor.

“Prosecutors are often hesitant to pursue very old rape cases due to challenges like lost evidence, faded memories and the difficulty of meeting the high burden of proof,” Yousufi said. “Defendants can also argue that delays have hindered their ability to mount a fair defense. On the other hand, in high-profile cases, public scrutiny and outcry might create political pressure on prosecutors to bring charges despite these hurdles.”

Why wouldn’t Doe file criminal charges before suing, as Carter suggested? There are several reasons, leading with skepticism that sexual assault survivors face.

“Victims of sexual violence who attempt to access the criminal justice system are often met with doubt, skepticism, and then quickly discredited,” said Judie A. Saunders, partner of ASK LLP, where she leads the firm’s Sexual Abuse and Human Trafficking Department. “I often receive calls from survivors who only contact me after law enforcement dismissed their accounts with minimal investigation. Our criminal system is not set up to support survivors and disrupt abusive authority figures.”

Carter and Combs, shown in 2019, have been friends for decades. (Vivien Killilea/Getty Images for Roc Nation)

Could Jane Doe’s identity be revealed?

In his first legal filings in this case, Carter’s attorney Spiro urged the judge to have Doe reveal her identity or to dismiss her complaint. Spiro wrote that Carter “should not have to defend himself in the brightest of spotlights against an accuser who hides in complete darkness while leveling allegations that describe the purported acts occurring in the plain sight of witnesses who could refute the plaintiff’s claims if only her identity was revealed.”

Doe’s anonymity is not guaranteed.

“While courts can allow plaintiffs to remain anonymous in rare cases, this typically requires strong evidence of substantial harm,” Yousufi said. “In a recent lawsuit against P. Diddy, a plaintiff sought similar anonymity, citing potential harm, but the judge ruled that the concerns were not significant enough to outweigh the importance of transparency.”

Anna Kane, who claims she was sex trafficked and gang-raped by Combs and his associates in 2008 when she was 17 years old, recently refiled her lawsuit against him using her name after she was ordered to.

“Given the parallels, it’s likely the judge in Jay-Z’s case will make a similar determination, finding that the plaintiff’s concerns do not meet the high threshold required to proceed pseudonymously,” Yousufi said. “However, if the plaintiff can show she has a substantial privacy interest, the judge could rule in her favor.”

How common are demand letters?

Carter, in both his statement and legal filings, accuses Doe’s attorney Buzbee of trying to “extort” him for “millions” after sending him a demand letter — requesting private mediation — and when he didn’t agree to it, they refiled Doe’s lawsuit naming Carter, who was not named in the initial lawsuit but referred to as “Celebrity A.”

“It is not unusual for plaintiff’s counsel to send a demand letter, as was done by Mr. Buzbee,” said Saunders, a former New York City prosecutor. “Demand letters are commonly used by litigators across many practice areas such as personal injury, breach of contract, bankruptcy, etc.”

She added, “Potential defendants who feign outrage after receiving a demand letter” could be doing so to “garner sympathy and for posturing. A potential defendant has options of declining the proposed demand or ignoring the letter altogether.”

Could the still-unidentified ‘Celebrity B’ face criminal charges?
If Doe does pursue criminal charges against Carter and Combs, what about “Celebrity B,” who’s described in the lawsuit as a female celebrity who watched the alleged assault?

“It is unlikely that ‘Celebrity B’ could face charges for her alleged role due to the time that has lapsed since the alleged incident,” Yousufi said. “Prosecutors typically focus their efforts on those accused of directly committing the assault. While witnesses or bystanders may be asked to testify, charges against them are uncommon unless there is evidence of active participation or attempts to obstruct justice.”

There’s still the potential that “Celebrity B” will be added as a defendant in this civil complaint at a later date — like Carter was.

There’s also the chance that, similar to Doe’s legal team trying to mediate with Carter before adding him to the lawsuit, they did so with “Celebrity B” and reached some kind of private settlement.

How many cases has Buzbee filed against Combs?

In his statement, Carter referred to Doe’s Texas-based attorney as an “ambulance chaser.” In the wake of the criminal charges against Combs, Buzbee and a team of lawyers, including Andrew Van Arsdale of AVA Law Group and Antigone Curis of Curis Law, have been seeking clients with allegations against Combs using a 1-800 hotline.

Buzbee announced at an October press conference that he and his co-counsel would be filing 120 individual sexual assault and exploitation lawsuits against Combs. That number has grown.

“I think that the potential [number of] cases is probably in the 300 range,” Buzbee told the BBC, “but I think realistically, it’ll ultimately be about 100 to 150″ due to the statute of limitations with some of the allegations.

He said his team has received around 3,000 calls to date and they continue to come in every day.

He has already filed 20 lawsuits, representing both female and male plaintiffs. Their allegations span a period of 20 years.

Combs’s legal team has slammed Buzbee’s lawsuits as “shameless publicity stunts, designed to extract payments from celebrities who fear having lies spread about them, just as lies have been spread about Mr. Combs.”

Carter called Buzbee a “deplorable human” in his statement and vowed to expose him as a “fraud … in a VERY public fashion.”

Buzbee wrote on Facebook that he “won’t be bullied or intimidated” and that sunlight “is the best disinfectant and I am quite certain the sun is coming.”

Is Carter still suing Buzbee?

Carter had filed a lawsuit anonymously — as celebrity “John Doe” — against Buzbee in Los Angeles Superior Court in November alleging extortion related to Doe’s allegations. That case remains ongoing and is separate. A hearing is scheduled for May 16, 2025, at the Santa Monica Courthouse.

How is Carter publicly handling this?

Carter, who said Buzbee made a “terrible error in judgment” by suing him, isn’t hiding out.

After posting his statement on the Roc Nation X account on Dec. 8, he made a surprise red carpet appearance at the Mufasa: The Lion King premiere in Los Angeles on Dec. 9 with his wife Beyoncé and daughter Blue Ivy Carter, who have voice roles in the film.

Jay-Z attended the Mufasa: The Lion King premiere with wife Beyoncé and daughter Blue Ivy Carter on Dec. 9. (Lisa O’Connor/AFP via Getty Images)

The family did not talk to reporters at the event, Inside Edition reported. They did pose together as a family, giving the impression of a united front.

What’s next in the case?

There are no deadlines or hearings set yet for this case. Spiro has asked for the lawsuit to be expedited, saying the “false narratives” have been damaging to Carter’s reputation. (ClicheMag)

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