Garth Brooks suing his sexual assault accuser for defamation is a “double-edged sword.”
The nation star is accused of raping “Jane Roe” in 2019 throughout a piece journey, in response to courtroom paperwork obtained by Fox Information Digital. Per the paperwork filed by “Jane Roe,” the girl was first employed in 1999 to do the make-up and hairstyling for Brooks’ spouse, Trisha Yearwood. She started working for Brooks doing make-up and hair in 2017, a few years earlier than the alleged occasions happened.
Brooks, 62, has denied the allegations and amended his grievance in opposition to “Jane Roe” in an Oct. 8 submitting obtained by Fox Information Digital. The “A lot Too Younger” singer accused the girl, who he named within the submitting, of tried extortion, defamation, false gentle invasion of privateness, and intentional infliction of emotional misery.
His choice to sue his accuser and share her title was a “daring transfer” that carries “important dangers,” Duncan Levin, Harvey Weinstein’s former protection lawyer, instructed Fox Information Digital.
GARTH BROOKS ACCUSED SEXUAL ASSAULT AND BATTERY BY MAKEUP ARTIST IN NEW LAWSUIT
Garth Brooks countersued the girl accusing him of rape. (Getty Photographs)
“On the one hand, submitting a defamation go well with indicators that Brooks is taking an aggressive stance to guard his fame,” stated the lawyer, who just isn’t concerned in Brooks’ case. “This could generally work in favor of public figures who consider they’re falsely accused because it forces the accuser to offer proof supporting their claims. Nevertheless, naming the accuser might backfire, notably if the accusation is credible or if the accuser beneficial properties sympathy from the general public. It may be seen as an try to intimidate or dissuade different potential accusers from coming ahead, which might draw criticism. Legally, Brooks might want to show that the allegations are false and have triggered him reputational harm, a excessive bar in defamation circumstances.”
Legal professionals for Brooks’ accuser stated in an announcement to Fox Information Digital, “Garth Brooks simply revealed his true self. Out of spite and to punish, he publicly named a rape sufferer. With no authorized justification, Brooks outed her as a result of he thinks the legal guidelines don’t apply to him. On behalf of our consumer, we can be transferring for max sanctions in opposition to him instantly.”
The vast majority of celebrities select to not title the accuser in an effort to keep away from public backlash, in response to the felony protection lawyer.
“It is potential that Brooks or his authorized staff feels assured of their protection, which could clarify why they’re keen to be so aggressive of their method,” Levin defined. “Submitting a countersuit means that they consider they cannot solely defeat the accusations but additionally display that they’re baseless. Nonetheless, this can be a double-edged sword. If Brooks does not have a powerful protection, it might seem retaliatory and harm his fame even additional.”
Garth Brooks and Trisha Yearwood have been married since 2005. (Rick Diamond/Getty Photographs)
“In sum, this can be a high-risk, high-reward technique,” the lawyer continued. “If Brooks wins the defamation go well with, it might clear his title within the courtroom of public opinion. But when the countersuit backfires, it might gas unfavorable public notion and expose him to higher authorized jeopardy.”
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Brooks initially filed the lawsuit trying to dam the make-up artist’s impending go well with in September, in response to a grievance obtained by Fox Information Digital. Within the courtroom doc filed underneath “John Doe,” Brooks denied the girl’s claims.
The lady contacted Brooks by means of an lawyer with a requirement letter in July accusing the “Associates in Low Locations” singer of “sexual ‘grooming,’ creation of a sexually hostile work setting, undesirable sexual touching, and sexual assault,” in response to the courtroom paperwork. In August, Brooks allegedly acquired a letter from the sufferer’s lawyer noting a lawsuit may very well be prevented in alternate for a “multi-million greenback fee.”
Garth Brooks’ former make-up artist accused the nation singer of rape in a lawsuit filed in Los Angeles. (Jason Kempin/Getty Photographs)
“Submitting a countersuit means that they consider they cannot solely defeat the accusations but additionally display that they’re baseless. Nonetheless, this can be a double-edged sword. If Brooks does not have a powerful protection, it might seem retaliatory and harm his fame even additional.”
Though Brooks’ transfer to sue first places the singer in a “good place,” authorized knowledgeable Jeff Lewis famous that the musician nonetheless bears a “excessive burden.”
“Garth Brooks is clearly effectively represented,” Lewis, a defamation lawyer, instructed Fox Information Digital. “By submitting a lawsuit first, he’s in a superb place to ask for the best to be the plaintiff. This could enable him to current his case to the jury initially of the trial, making the alleged sexual assault sufferer to seem like bringing her claims in retaliation. Additionally, by submitting in Mississippi he can keep away from legal guidelines in California that make it tougher for a defamation declare to succeed. This ‘sue first’ technique may be very uncommon and exhibits that Brooks is signaling he’s ready to take this matter all the way in which to trial. I additionally suspect that Brooks’ attorneys will file a movement in Los Angeles to have the Los Angeles declare transferred and heard in Mississippi along with the defamation lawsuit.”
“As a public determine, Brooks can be required to show in courtroom that not solely had his hairdresser lied about him, however she additionally did so with precise malice, which means she knew what she was saying was false,” he added. “It is a very excessive burden that some celeb plaintiffs have bother assembly.”
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Garth Brooks claimed the sexual assault lawsuit was an extortion try. (Jesse Grant/Getty Photographs for NAMM)
Based on the lawsuit filed by “Jane Roe,” Brooks and the make-up artist traveled to Los Angeles in 2019 for a Grammys tribute to R&B singer Sam Moore. As a substitute of getting separate rooms, “Jane Roe” stated just one room was booked for the 2 of them to share. After arriving, Brooks allegedly raped the make-up artist.
Earlier than the alleged rape, the make-up artist stated Brooks walked out of the bathe at his residence in 2019. She “seemed up in horror as Brooks walked out of the bathe, bare, with an erection and pointing his penis” at her. The musician allegedly instructed “Jane Roe” he “fantasized about this second” and requested she carry out oral intercourse on him.
Within the submitting, “Jane Roe” included a screenshot of a sexually express textual content alternate that allegedly occurred between her and Brooks.
The make-up artist claimed Brooks took her cellphone in 2020 and “deleted a lot of the textual content messages” despatched to “Jane Roe.” Nevertheless, some texts remained, together with one alternate with a redacted starting however ended: “And that vast stick you carry! Roo-sevelt!!”
“I’ll take that nickname,” Brooks allegedly responded earlier than including, “Thanks. I like you.”
A textual content message allegedly between Brooks and the make-up artist was included within the lawsuit. (Superior Courtroom of the State of California)
The nation music star denied the allegations. (Kevin Dietsch/Getty Photographs)
Textual content messages and audio recordings can “strengthen” a sexual assault case when what’s being alleged occurred behind closed doorways, former federal prosecutor Neama Rahmani instructed Fox Information Digital.
“If the messages and recordings are correct, it does seem that some sort of sexual exercise happened between Brooks and Roe,” stated Rahmani, the founding father of West Coast Trial Legal professionals. “The query then is: Was it consensual or not? That’s what separates rape from an affair.”
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Whereas textual content messages can strengthen a civil case, they have to be authenticated, Angela Reddock-Wright, employment and Title IX lawyer based mostly in Los Angeles, instructed Fox Information Digital.
“One of the simplest ways to get textual content messages admitted in a civil continuing is to subpoena the textual content messages from the cellphone supplier firm the place the textual content messages are saved after which have the messages authenticated by a licensed consultant from the cellphone firm and/or by a forensics knowledgeable that makes a speciality of cellphone knowledge retrieval,” the lawyer stated.
“Brooks went on the offense and sued Roe for extortion,” Rahmani added. “That helped him get forward of the unfavorable press and body Roe as a shakedown artist. But when Roe has the receipts and different proof to show the sexual assault, there is no such thing as a quantity of PR that may assist Brooks within the courtroom or the courtroom of public opinion.”
The previous make-up artist labored for each Garth Brooks and his spouse, Trisha Yearwood. (Jason Kempin/Getty Photographs)
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