Russell Simmons‘ legal team is asking a $10 million lawsuit alleging rape against the record mogul filed last month be thrown out because it exceeds the statute of limitations. Furthermore, in paperwork filed in Los Angles County Superior Court on Monday, Simmons denies the claims, calling the complaint “a work of pure fiction.”
The lawsuit filed by a woman identified as Jane Doe claims Simmons raped her following a concert she attended with her elementary-school-age son. After dropping off her son with a babysitter, Doe claims she and Simmons spent time at a nightclub before moving to his hotel because he said he needed to get something from the room.
Once in Simmons’ room, Doe alleges he told her, “I am going to f— you,” before threatening, “I’m going to f— you or I’m going to f— your son.” He then threw Doe on the bed and raped her, according to the suit.
Last month, Simmons issued a statement responding to the initial suit “vehemently” denying all the allegations, saying they “shocked me to my core as I have never been abusive or violent in any way in my relations with women.”
The lawsuit marks the 16th woman to accuse Simmons of sexual misconduct since initial accusations were made against him in a Los Angeles Times article in November and a guest essay in The Hollywood Reporter by writer Jenny Lumet.
Simmons’ filing from Monday makes a number of points supporting a demurrer to Doe’s complaint, arguing the suit is invalid. The primary of those is that the original suit fails to list a date for the alleged incident because the plaintiff contends it occurred in 1988 — far outside the two year statute of limitations for an alleged assault and/or battery.
“Plaintiff cannot assert claims for ‘forcible rape,’ intentional infliction of emotional distress or negligent infliction of emotional distress for an incident that purportedly took place 30 years ago,” says Simmons’ memorandum.