Mike Tyson Rape Lawsuit Dropped After Judge Denies Amendment
A lawsuit alleging rape and sexual assault against Mike Tyson in the early 1990s has been withdrawn by the plaintiff, according to court documents filed in the U.S. District Court for the Northern District of New York. The case, which sought $5 million in damages, was voluntarily dismissed with prejudice, meaning it cannot be refiled.
Daniel Rubin, Tyson’s attorney, confirmed the dismissal in a letter, stating that the plaintiff’s attorney had informed him of the withdrawal. A signed stipulation of voluntary dismissal was later filed, officially ending the legal proceedings that began in January 2023.
Tyson, now 58 years old, had consistently denied the allegations. Rubin emphasized the complete withdrawal of all claims without any compensation, concession, or settlement from Tyson. He characterized the lawsuit as baseless and expressed satisfaction with the outcome.
The plaintiff’s attorney, Darren Seilback, initially did not respond to requests for comment. However, he later stated that his client decided to drop the case after Judge Mitchell J. Katz denied a motion to amend the complaint. The proposed amendment sought to correct the date of the alleged rape, which the plaintiff claimed she had initially misidentified.
The original complaint stated that the alleged assault occurred on March 1, 1991. As Tyson prepared for a fight against Jake Paul scheduled for November 15, the plaintiff filed an amended complaint alleging that the rape occurred on March 1, 1990.
Seilback expressed disappointment over the court’s decision to deny the amendment, stating that the case had to be dismissed on procedural grounds. Despite the dismissal, Seilback affirmed his firm’s support for their client’s account of the events.
Judge Katz, in his ruling, explained that the plaintiff had not demonstrated sufficient diligence in determining the correct date of the alleged rape. He noted that evidence pertaining to the date was known to the plaintiff’s sister, Kym Hertz, with whom she maintained an ongoing relationship. Additionally, the judge pointed out that the plaintiff possessed her own medical records and a hospital bracelet that could have aided in identifying the date.
Seilback argued that the medical records and hospital bracelet were related to a separate medical matter in 1989, unrelated to Tyson.
Judge Katz further stated that additional evidence supporting the correct date was also in the possession of the plaintiff’s sister-in-law, Sherry Waldron. He concluded that none of this evidence could be considered newly discovered or unavailable to the plaintiff.
While Judge Katz did not attribute the plaintiff’s request to amend the complaint to bad faith or a sham, he determined that the delay was prejudicial to Tyson. The judge highlighted the significant time and cost incurred in investigating the matter before the plaintiff sought to change the date, as well as the possibility that evidence had been lost during the 18 months since the case was initially filed in state court.
The plaintiff chose not to appeal Judge Katz’s ruling.
The lawsuit was filed under New York’s Adult Survivors Act, which was enacted in May 2022. This law provided a one-year window for alleged victims of sexual offenses, where the statute of limitations had expired, to file lawsuits.
Rubin, Tyson’s attorney, objected to the amended complaint. He asserted that the plaintiff voluntarily withdrew her claims after the court correctly denied her request to amend the complaint.
According to the lawsuit, the woman alleged that Tyson raped and sexually assaulted her in the back of a limousine in the early 1990s. She sought $5 million in damages.
The case highlights the complexities of prosecuting historical sexual assault claims, particularly when questions arise regarding the accuracy of key details such as the date of the alleged incident. The judge’s decision emphasized the importance of due diligence in gathering and presenting evidence, even in cases where the statute of limitations has been waived.
The dismissal of the lawsuit marks the end of a chapter in Tyson’s life, as he prepares for his upcoming fight against Jake Paul. While the allegations have been dropped, the case has undoubtedly had an impact on his public image and reputation.
The outcome also raises questions about the effectiveness of laws like the Adult Survivors Act, which aim to provide avenues for justice for alleged victims of past sexual offenses. While these laws can offer hope for survivors, they also present challenges in terms of evidence and legal procedure.
The withdrawal of the lawsuit with prejudice ensures that the matter is permanently closed, preventing the plaintiff from refiling the same claims against Tyson in the future. However, the case serves as a reminder of the lasting impact of sexual assault allegations, regardless of the legal outcome.
