statute of limitations Archives

Model’s Sexual Assault Lawsuit Against Diddy Could Be Dismissed Soon

November 11, 2024 by newhiphopnews

One of the many lawsuits against Diddy for alleged sexual assault could result in a key legal precedent for his other cases on the docket, according to court documents reportedly obtained by AllHipHop. Moreover, it concerns a lawsuit from former model Crystal McKinney, who claims that he sexually assaulted her in 2003 at his Daddy’s House recording studio after a New York Fashion Week event, an alleged incident that she claims ruined her marriage. However, Sean Combs denies these allegations, and his legal team is now trying to dismiss the case.

This is due to the seemingly expired statute of limitations (in other words, it being too long since the alleged assault occurred to pursue legal action) and due to the defense’s claim that there isn’t enough evidence to support these allegations. Crystal McKinney’s lawsuit against Diddy came earlier this year under a two-year revival provision from 2022 for New York City’s Victims of Gender-Motivated Violence Protection Law (VGM). This allowed for individuals who previously faced an expired statute of limitations to pursue legal action for old alleged incidents.

Diddy At An Andrew Gillum Rally In 2018

Diddy Lawsuit Sexual Assault Allegations Dismiss Statute Limitations Hip Hop News — Sean “Diddy” Combs performs at the Bring It Home Midnight Rally held for Andrew Gillum at Florida A&M University’s Lawson Center in Tallahassee, Fla. the night before the 2018 midterm election Monday, Nov. 5, 2018. Famu Gillum Rally 110518 Ts 004.

As such, Crystal McKinney maintained her belief that this revival provision solidifies her legal right to sue. But according to these court documents reportedly obtained by AllHipHop, one of Diddy’s attorneys fought back against this notion. Erica A. Wolff shared that the VGM provision is “preempted” by the State of New York’s Adult Survivor’s Act (ASA), which provided a similar revival window for old alleged incidents that closed in November of last year. “State law takes precedence over city law,” Wolff posited. “McKinney’s claims expired in 2010. And nothing within the ASA’s timeframe allows these expired claims to be brought to court now.”

With this in mind, Diddy’s defense team claims that Crystal McKinney’s complaint became “time-barred.” What’s more is that the court’s ruling on this after deliberation in upcoming weeks could set a precedent for other lawsuits against the Bad Boy mogul. If they dismiss this case without prejudice, then various similar lawsuits regarding the statute of limitations, plus state and city laws, could also face dismissal on these grounds.

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R Kelly Statute Of Limitations Appeal Gets Rejected By Supreme Court

October 7, 2024 by newhiphopnews

About two and a half months ago, disgraced R&B act R Relly filed an appeal to the Supreme Court for his federal sex crimes. Him and his attorney, Jennifer Bonjean, were making the statute of limitations argument. As we said previously, they pointed to the PROTECT Act of 2003 and how it’s not applicable. Bonjean presented to prosecutors that the act has no clause explicitly stating that Kelly should have been charged for his alleged actions based on them occurring in the 1990s.

The court responded back with the fact that the PROTECT Act extends the statute of limitations indefinitely for alleged crimes committed post 2003. Back then, the Supreme Court said it would take a little while to come to a decision. Well, that time is now, according to HOLLYWOOD UNLOCKED and Yahoo! News. For R Kelly, he looks to be in no-man’s-land, as they have decided to reject this appeal.

R Kelly Looks To Be Done After Latest Appeal

MASHANTUCKET, CT – JULY 19: R. Kelly performs at Foxwoods Resort Casino on July 19, 2015 in Mashantucket, Connecticut. (Photo by Dexter A. Jones/Getty Images)

Overall, both sources say that it was shut down without any form of comment from anyone. This decision was made following the government refusing to speak on why they came to this conclusion. Again, this is all in connection to his Chicago charges. Now, with this appeal being denied, R Kelly appears to not have much a chess move to make.

What are your thoughts on R Kelly’s appeal being shut down by the Supreme Court? Do you think he’s officially cooked now, why or why not? If not, what could his next move be? We would like to hear what you have to say, so leave your thoughts in the comments. Additionally, always keep it locked in with HNHH for all of the latest news surrounding R Kelly. Finally, stay with us for everything else going on in the music world.

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R Kelly Uses Statute Of Limitations Argument Against Supreme Court For Sex Charges

July 30, 2024 by newhiphopnews

In February of 2023, highly maligned R&B singer R Kelly was handed down a 20-year prison sentence for possessing child pornography and inducing minors. That was tacked onto his 30-year bout on racketeering and sex trafficking charges in a New York federal court in 2022. None of this is obviously breaking news, but this short amount of background information is important. The reason being is because there is a new update in regard to the former of the two.

According to TMZ, the artist and his attorney, Jennifer Bonjean, are looking to whittle down his overall time behind bars by using the statute of limitations argument. Since these crimes took place in the 1990s, they feel that the PROTECT Act (2003) does not apply here. Bonjean pointed a specific detail of this law which is that there is no clause that says you can essentially charge someone for an alleged conduct that before the year the act was passed. However, it isn’t necessarily black and white for this reason.

R Kelly & His Attorney Feel The PROTECT Act Shouldn’t Be Applied

CHICAGO, ILLINOIS – JUNE 26: R&B singer R. Kelly covers his mouth as he speaks to members of his entourage as he arrives at the Leighton Criminal Courts Building for a hearing on June 26, 2019 in Chicago, Illinois. Kelly is facing several counts of aggravated sexual abuse. (Photo by Scott Olson/Getty Images)

If you remember, R Kelly was convicted for these crimes in 2020. Because of this, prosecutors believe the PROTECT Act is in fact fair play. Also helping their side is the fact that this law extends the statute of limitations indefinitely for alleged crimes committed post 2003. The Supreme Court will come to a conclusion in the next few months whether to hear Kelly’s appeal or not.

What are your thoughts on R Kelly and his attorney making the statute of limitations argument? Do you think they have a point in regard to the PROTECT Act not applying here? Or does the court have more of a solid argument? We would like to hear what you have to say, so leave your thoughts in the comments. Additionally, always keep it locked in with HNHH for all of the latest news surrounding R Kelly. Finally, stay with us for everything else going on in the music world.

[Via]

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