Former federal prosecutor calls latest Diddy court claims 'weak'
Sex trafficking suspect Sean 'Diddy' Combs' protest about having his jail cell searched is a stretch, according to Neama Rahmani, a trial lawyer and former assistant US attorney.
It's "unlikely" Jay-Z will face criminal charges connected to the alleged rape of a 13-year-old, according to legal experts.
Jay-Z was named as a defendant in an amended complaint accusing the rapper, along with friend Sean "Diddy" Combs, of raping a young girl in 2000, Fox News Digital confirmed. However, the statute of limitations for filing a criminal complaint has since expired.
"It’s unlikely Jay-Z faces criminal charges unless there are more recent allegations," former federal prosecutor Neama Rahmani explained to Fox News Digital. "The statute of limitations for rape in New York was five years in 2000, although it didn’t run until the victim turned 18 or when the perpetrator was out of the state."
"In 2006, New York removed the statute of limitations for rape, but that change is not retroactive," he added. "That would violate the ex post facto clause of the Constitution. So when Jay-Z tells the victim and Buzbee to file criminal charges, that’s a red herring."
DIDDY ACCUSED OF RAPING 13-YEAR-OLD WHILE CELEBRITIES WATCHED AT VMAS AFTER-PARTY: LAWSUIT
Jay-Z is unlikely to face criminal charges for the alleged rape of a 13-year-old, legal experts tell Fox News Digital. (Vivien Killilea/Getty Images for Roc Nation)
The lawsuit, which was initially filed in October, was refiled Sunday in New York by an anonymous accuser alleging Jay-Z "raped" her at a VMAs after-party in 2000 while Diddy and "celebrity B" watched.
Jay-Z, born Shawn Carter, insisted the woman's lawyer "file a criminal complaint" instead of a civil one in his denial of the allegations.
"My lawyer received a blackmail attempt, called a demand letter, from a ‘lawyer’ named Tony Buzbee," Jay-Z shared in a statement posted online by Roc Nation's X account. "What he had calculated was the nature of these allegations and the public scrutiny would make me want to settle."
"No sir, it had the opposite effect! It made me want to expose you for the fraud you are in a VERY public fashion. So no, I will not give you ONE RED PENNY!!"
Jay-Z continued, "These allegations are so heinous in nature that I implore you to file a criminal complaint, not a civil one!! Whomever would commit such a crime against a minor should be locked away, would you not agree? These alleged victims would deserve real justice if that were the case."
READ IT: JAY-Z SENDS BLISTERING MEMO AMID DIDDY ALLEGATIONS
Jay-Z (pictured in 2000) denied the rape allegations brought against him in an amended complaint filed on Dec. 8. (J. Vespa/WireImage)
The statute of limitations on the alleged rape in 2000 has expired, according to legal experts. (Dimitrios Kambouris/WireImage for Bad Boy Entertainment)
For a case like that to move forward, Jay-Z would need to be implicated in the crime by either Diddy or "celebrity B," both of whom supposedly witnessed the alleged rape, a legal expert told Fox News Digital.
"The complaint is bare bones in allegations against Jay-Z," said Oleg Nekritin, a defense attorney at the Law Offices of Robert J. DeGroot. "The plaintiff even admits that although she was able to escape the sexual assault, no other guests noticed her state of distress or undress."
"The New York Southern District Attorney's Office is composed of the best prosecutors and investigators," Nekritin added, explaining that a case wouldn't be taken "solely" on a "verbal and unconfirmed allegation."
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Criminal charges could possibly occur if a "reliable witness to the assault" comes forward to testify or an admission is made by Jay-Z himself, according to Nekritin.
"The plaintiff may have success in the civil matter if there are medical or other written records showing that she disclosed the purported assault to medical professionals shortly after the alleged incident," the legal expert continued.
"Mr. Carter's adamant denials of the allegations against him and refusal to settle the case show that he views the complaint as a ‘shakedown’ and a frivolous attempt to extort him. Mere allegations of such conduct will diminish an individual's standing. But to paraphrase one of Jay-Z's biggest hits, whatever problems he may have, a criminal complaint won't be one."
Jay-Z and Diddy have been accused of raping a 13-year-old girl at a VMAs after-party in 2000. (Jeff Kravitz/FilmMagic/File)
According to the lawsuit, the 13-year-old girl was dropped off at Radio City Music Hall by a friend because she wanted to attend the MTV Video Music Awards in 2000. In an attempt to gain entry to the venue, she began approaching limousine drivers waiting outside the celebrity-filled event.
"One of the limousine drivers she spoke to claimed to work for [Diddy]," the lawsuit read. "He told her that Combs liked younger girls and said she ‘fit what Diddy was looking for,’ not allowing her into the Awards, but inviting her to an afterparty."
The 13-year-old "recognized many celebrities" upon arrival at the party and was required to sign a nondisclosure agreement. However, she was not given a copy.
WATCH ON FOX NATION: WHAT DIDDY DO?
Diddy, right, and Jay-Z (pictured in 2000) became friends in the '90s through the music industry. (Patrick McMullan)
After allegedly consuming one drink, the 13-year-old became disoriented and found a bedroom to rest in. Jay-Z, Diddy and female "celebrity B" seemingly followed the girl into the room. She "immediately recognized all three celebrities," according to the court document.
Jay-Z allegedly raped the girl, followed by Diddy's alleged rape of the plaintiff, all while "celebrity B" watched, the court document stated.
Diddy, who would have been 30 years old at the time, then allegedly attempted to force the girl to perform oral sex on him. He stopped after she hit him in the neck, according to the lawsuit.
Jay-Z's legal team filed to have the lawsuit dismissed on Dec. 9, one day after the amended complaint.
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While Jay-Z faces no criminal charges at this time, Diddy has been under investigation for human trafficking since March.
Diddy was charged with racketeering conspiracy, sex trafficking by force, fraud or coercion, and transportation to engage in prostitution in a federal indictment unsealed on Sept. 17. While Diddy has maintained his innocence, if found guilty he faces a minimum of 15 years behind bars or a maximum sentence of life in prison.
A sketch depicts Sean "Diddy" Combs in the defendant's seat in federal court in Manhattan, New York, amid his federal sex trafficking case. (Jane Rosenberg)
Authorities alleged Diddy ran a criminal enterprise through his businesses, including Bad Boy Entertainment, Combs Enterprises and Combs Global, among others. He used "firearms, threats of violence, coercion and verbal, emotional, physical, and sexual abuse" to fulfill his sexual desires, according to the unsealed indictment obtained by Fox News Digital.
Diddy's criminal charges do not relate to this specific civil lawsuit.
"Previously, federal prosecutors involved in Sean Combs' case indicated that their investigation is ongoing," Judie Saunders, a former New York City prosecutor, told Fox News Digital. "Based on those statements, there is always the possibility that other individuals could face criminal charges."
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If you or someone you know has been sexually assaulted, please contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or go to rainn.org/.
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