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 accordance with court docket paperwork obtained by Fox Information Digital. Per the paperwork filed by “Jane Roe,” the lady 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 occurred.
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 “Much Too Young” singer accused the lady, who he named within the submitting, of tried extortion, defamation, false mild invasion of privateness, and intentional infliction of emotional misery.
His choice to sue his accuser and share her title was a “bold move” that carries “significant risks,” Duncan Levin, Harvey Weinstein’s former protection lawyer, informed Fox Information Digital.
GARTH BROOKS ACCUSED SEXUAL ASSAULT AND BATTERY BY MAKEUP ARTIST IN NEW LAWSUIT
Garth Brooks countersued the lady accusing him of rape. (Getty Photographs)
“On the one hand, filing a defamation suit signals that Brooks is taking an aggressive stance to protect his reputation,” mentioned the lawyer, who will not be concerned in Brooks’ case. “This can sometimes work in favor of public figures who believe they are falsely accused as it forces the accuser to provide evidence supporting their claims. However, naming the accuser could backfire, particularly if the accusation is credible or if the accuser gains sympathy from the public. It could also be seen as an attempt to intimidate or dissuade other potential accusers from coming forward, which would draw criticism. Legally, Brooks will need to prove that the allegations are false and have caused him reputational damage, a high bar in defamation cases.”
Legal professionals for Brooks’ accuser mentioned in a press release to Fox Information Digital, “Garth Brooks just revealed his true self. Out of spite and to punish, he publicly named a rape victim. With no legal justification, Brooks outed her because he thinks the laws don’t apply to him. On behalf of our client, we will be moving for maximum sanctions against him immediately.”
Nearly all of celebrities select to not title the accuser in an effort to keep away from public backlash, in accordance with the felony protection lawyer.
“It’s possible that Brooks or his legal team feels confident in their defense, which might explain why they are willing to be so aggressive in their approach,” Levin defined. “Filing a countersuit suggests that they believe they can not only defeat the accusations but also demonstrate that they are baseless. Still, this is a double-edged sword. If Brooks doesn’t have a strong defense, it could appear retaliatory and damage his reputation even further.”
Garth Brooks and Trisha Yearwood have been married since 2005. (Rick Diamond/Getty Photographs)
“In sum, this is a high-risk, high-reward strategy,” the lawyer continued. “If Brooks wins the defamation suit, it could clear his name in the court of public opinion. But if the countersuit backfires, it could fuel negative public perception and expose him to greater legal jeopardy.”
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Brooks initially filed the lawsuit making an attempt to dam the make-up artist’s impending swimsuit in September, in accordance with a grievance obtained by Fox Information Digital. Within the court docket doc filed below “John Doe,” Brooks denied the lady’s claims.
The lady contacted Brooks by means of an lawyer with a requirement letter in July accusing the “Friends in Low Places” singer of “sexual ‘grooming,’ creation of a sexually hostile work environment, unwanted sexual touching, and sexual assault,” in accordance with the court docket paperwork. In August, Brooks allegedly acquired a letter from the sufferer’s lawyer noting a lawsuit might be prevented in change for a “multi-million dollar payment.”
Garth Brooks’ former make-up artist accused the nation singer of rape in a lawsuit filed in Los Angeles. (Jason Kempin/Getty Photographs)
“Filing a countersuit suggests that they believe they can not only defeat the accusations but also demonstrate that they are baseless. Still, this is a double-edged sword. If Brooks doesn’t have a strong defense, it could appear retaliatory and damage his reputation even further.”
Though Brooks’ transfer to sue first places the singer in a “good position,” authorized knowledgeable Jeff Lewis famous that the musician nonetheless bears a “high burden.”
“Garth Brooks is obviously well represented,” Lewis, a defamation lawyer, informed Fox Information Digital. “By filing a lawsuit first, he is in a good position to ask for the right to be the plaintiff. This would allow him to present his case to the jury at the beginning of the trial, making the alleged sexual assault victim to appear to be bringing her claims in retaliation. Also, by filing in Mississippi he can avoid laws in California that make it harder for a defamation claim to succeed. This ‘sue first’ strategy is very unusual and shows that Brooks is signaling he is prepared to take this matter all the way to trial. I also suspect that Brooks’ lawyers will file a motion in Los Angeles to have the Los Angeles claim transferred and heard in Mississippi together with the defamation lawsuit.”
“As a public figure, Brooks will be required to prove in court that not only had his hairdresser lied about him, but she also did so with actual malice, meaning she knew what she was saying was false,” he added. “This is a very high burden that some celebrity plaintiffs have trouble meeting.”
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Garth Brooks claimed the sexual assault lawsuit was an extortion try. (Jesse Grant/Getty Photographs for NAMM)
In keeping with 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 an alternative of getting separate rooms, “Jane Roe” mentioned 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 mentioned Brooks walked out of the bathe at his house in 2019. She “looked up in horror as Brooks walked out of the shower, naked, with an erection and pointing his penis” at her. The musician allegedly informed “Jane Roe” he “fantasized about this moment” and requested she carry out oral intercourse on him.
Within the submitting, “Jane Roe” included a screenshot of a sexually specific textual content change that allegedly occurred between her and Brooks.
The make-up artist claimed Brooks took her cellphone in 2020 and “deleted most of the text messages” despatched to “Jane Roe.” Nevertheless, some texts remained, together with one change with a redacted starting however ended: “And that huge stick you carry! Roo-sevelt!!”
“I’ll take that nickname,” Brooks allegedly responded earlier than including, “Thank you. I love 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 informed Fox Information Digital.
“If the messages and recordings are accurate, it does appear that some type of sexual activity took place between Brooks and Roe,” mentioned Rahmani, the founding father of West Coast Trial Legal professionals. “The question 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 should be authenticated, Angela Reddock-Wright, employment and Title IX lawyer primarily based in Los Angeles, informed Fox Information Digital.
“The best way to get text messages admitted in a civil proceeding is to subpoena the text messages from the cellphone provider company where the text messages are stored and then have the messages authenticated by an authorized representative from the cellphone company and/or by a forensics expert that specializes in cellphone data retrieval,” the lawyer mentioned.
“Brooks went on the offense and sued Roe for extortion,” Rahmani added. “That helped him get ahead of the negative press and frame Roe as a shakedown artist. But if Roe has the receipts and other evidence to prove the sexual assault, there is no amount of PR that can help Brooks in the courtroom or the court of public opinion.”
The previous make-up artist labored for each Garth Brooks and his spouse, Trisha Yearwood. (Jason Kempin/Getty Photographs)
