Russell Simmons cannot escape a New York rape lawsuit just because he lives in Indonesia, and that matters for rights holders watching how civil claims tied to music-industry power players are handled. A New York judge has ruled that a former Def Jam executive’s case can proceed, clearing the way for discovery and keeping the civil action alive in state court.
Judge rejects Simmons’ latest dismissal bid
In a Tuesday order in New York state court, Judge Adam Silvera rejected Simmons’ attempt to dismiss the lawsuit brought by a former Def Jam employee who is suing under the pseudonym Jane Doe. The complaint alleges that Simmons raped her in New York in the 1990s while she was in his apartment to get approval for a music video.
Simmons, who has lived in Indonesia since 2018, had already won a jurisdictional ruling against the case in federal court last year. Doe re-filed in state court, and Silvera said New York law allows the claims to continue because the complaint alleges a tortious act within the state.
“The complaint alleges the defendant committed the tort of rape in New York state,†the judge wrote. “Therefore, the complaint survives the motion to dismiss stage.â€
Forgery dispute keeps the severance agreement in play
Simmons’ lawyers also argued that Doe released all possible claims in a 1997 severance agreement with the label. Doe’s attorneys say that release is a “sham†and that her signature was forged.
Judge Silvera said there is a “genuine dispute as to its authenticity,†meaning the court will need evidence before deciding whether the document is enforceable.
Discovery begins as the case stays alive
The next stage will be discovery, when both sides exchange evidence and depose each other’s witnesses. The judge also set a court conference for August to work out the schedule for that process.
Doe’s lawsuit was filed under New York’s Adult Survivors Act, which temporarily lifted the statute of limitations for rape claims. Simmons has denied all wrongdoing and, in his motion to dismiss, his attorneys said he hoped to vindicate himself against what they called “untrue and unproven allegations.â€
What to watch next
The key next steps are the August court conference, the start of discovery, and any evidence the court reviews on whether the 1997 severance agreement is valid. Simmons also remains facing a separate defamation lawsuit tied to HBO’s On The Record, which is still pending.
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