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Can a criminal complaint follow? Will Jane Doe’s identity be revealed? Legal experts are participating.

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Can a criminal complaint follow? Will Jane Doe’s identity be revealed? Legal experts are participating.

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

Since being named in the civil lawsuit on Dec. 8 — in which Jane Doe alleged the two rappers raped her at an MTV Video Music Awards afterparty — he has denied the allegations in a stinging statement and accused Doe’s attorney Tony Buzbee of to ‘blackmail’ him by pressuring him to reach an out-of-court settlement.

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

“To be clear, Mr. Carter is completely innocent. This is a shakedown,” Spiro wrote in a Dec. 9 filing. “Every day and in real time, Buzbee continues to amplify false stories, exploiting the legal process to generate media attention and damage Mr. Carter’s reputation.”

While Combs — who also maintains his innocence in what he has called “patently false” and “unsubstantiated” allegations against him over the past year — remains in jail on sex trafficking and racketeering charges, and could face 150 civil charges sexual abuse 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 these questions.

Can 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 complaint.” Her lawyer, Buzbee, tells TMZ she isn’t ruling it out. That is possible, but what must be determined is whether the alleged crime can be prosecuted.

“Prosecutors will likely evaluate whether charges can be filed based on the statute of limitations and the strength of the available evidence,” San Diego criminal attorney 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 falls under this charge, the prosecution can proceed regardless of the time elapsed. However, if the case is not covered by this charge, the statute of limitations may prevent prosecution.”

Time could most likely be a factor as well.

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

Why wouldn’t Doe file criminal charges before filing a lawsuit, as Carter suggested?

There are several reasons that lead to skepticism that sexual assault survivors face.

“Sexual assault victims who attempt to access the criminal justice system are often met with doubt and skepticism and are then quickly discredited,” said Judie A. Saunders, partner at ASK LLP, where she leads the Sexual Assault and Sexual Assault Practice. Human trafficking of the company. “I often get calls from survivors who only contact me after the police have closed their accounts with minimal investigation. Our criminal system is not set up to support survivors and disrupt abusive authority figures.”

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

Could Jane Doe’s identity be revealed?

In his initial legal filings in the case, Carter’s attorney Spiro urged the judge to make Doe reveal her identity or dismiss her complaint. Spiro wrote that Carter “does not have to defend himself in the brightest spotlight against an accuser who hides in complete darkness while making allegations that describe the alleged acts taking place in full view of witnesses who could refute the accuser’s claims if her identity would only be made known. revealed.”

Doe’s anonymity is not guaranteed.

“While courts may in rare cases allow claimants to remain anonymous, 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 trafficked and raped by Combs and his associates in 2008 when she was 17 years old, recently refiled her lawsuit against him using her name after being ordered to do so.

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

How common are demand letters?

Carter, in both his deposition and legal documents, accuses Doe’s attorney Buzbee of trying to extort him for “millions” after sending him a demand letter asking for private mediation. When he didn’t agree, they refiled Doe’s lawsuit. named Carter, who was not named in the first lawsuit but was referred to as ‘Celebrity A’.

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

She added: “Potential defendants who feign outrage after receiving a demand letter” may be doing so to “gain sympathy and avoid offense.” A potential defendant has the choice of rejecting the proposed claim or ignoring the letter entirely.”

Can the still unknown ‘Celebrity B’ be prosecuted?

If Doe pursues criminal charges against Carter and Combs, what about “Celebrity B,” described in the lawsuit as a female celebrity who watched the alleged attack?

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

There is still the possibility that “Celebrity B” will be added as a defendant to this civil suit at a later date – as Carter was.

There’s also a chance that, just as Doe’s legal team tried to mediate with Carter before adding him to the lawsuit, they did so with ‘Celebrity B’ and reached some sort 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 attorneys, including Andrew Van Arsdale of AVA Law Group and Antigone Curis of Curis Law, sought out clients with allegations against Combs through a 1-800 hotline.

Buzbee announced at a news conference in October that he and his co-counsel would file 120 individual sexual abuse and exploitation lawsuits against Combs. That number has grown.

‘I think the potential [number of] The number of cases is probably around 300,” Buzbee told the BBC, “but I think realistically it will end up being around 100 to 150” because of the statute of limitations on some of the charges.

He said his team has received about 3,000 calls so far and they are still coming in every day.

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

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

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

Buzbee wrote on Facebook that he “will not be bullied or intimidated” and that sunlight “is the best disinfectant and I’m pretty sure the sun will come.”

Does Carter still have charges against Buzbee?

Carter had filed an anonymous lawsuit against Buzbee in Los Angeles Superior Court in November, alleging racketeering in connection with Doe’s allegations. That case is still running and stands alone. A hearing is scheduled for May 16, 2025 at the Santa Monica Courthouse.

How does Carter deal with this publicly?

Carter, who said Buzbee made a “terrible error of judgment” in suing him, is not hiding.

After posting his statement on the Roc Nation X account on December 8, he made a surprise appearance on the red carpet at the Mufasa: The Lion King premiere in Los Angeles on December 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 December 9. (Lisa O’Connor/AFP via Getty Images)

The family did not speak 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?

No deadlines or hearing dates have yet been set for this case. Spiro has asked for the lawsuit to be expedited, saying the “false stories” have been damaging to Carter’s reputation.

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