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Garth Brooks launches ‘high-risk’ strategy against accuser in sex assault claim: expert

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Garth Brooks suing sexual assault accusers for defamation is a 'double-edged sword'.

The country star is accused of raping 'Jane Roe' during a work trip in 2019, according to court documents obtained by FOX News Digital. According to documents filed by Jane Roe, the woman was first hired in 1999 to do makeup and hairstyling. Brooks' wife, Trisha Yearwood; She started doing makeup and hair at Brooks in 2017, several years before the alleged incident occurred.

Brooks, 62, denied the allegations and amended the charges against “Jane Roe” in an Oct. 8 filing obtained by Fox News Digital. The “Match Too Young” singer accused the woman named in the complaint of attempted extortion, defamation, false invasion of privacy and intentional infliction of emotional distress.

Harvey Weinstein's former lawyer Duncan Levin told Fox News Digital that his decision to sue his accuser and release her name was a “bold move” that carried “grave risks.” spoke.

Garth Brooks accuses makeup artist of sexual assault and assault in new lawsuit

Garth Brooks countersued the woman, accusing her of rape. (Getty Images)

“On the one hand, the filing of the defamation suit shows that Mr. Brooks is taking an aggressive stance to protect his reputation,” said the lawyer, who is not involved in Mr. Brooks' case. . “This can sometimes work to the advantage of celebrities who believe they are wrongly accused, as it forces accusers to provide evidence to support their claims, but especially if the accusations are not credible. In some cases, or if the accuser is gaining sympathy from the accuser, naming the accuser can be counterproductive.''This may discourage other potential accusers from coming forward. It could also be seen as an attempt to intimidate or dissuade, and legally Mr. Brooks would have to prove the allegations are false, a high bar for defamation. case. ”

Lawyers for Brooks' accusers said in a statement to FOX News Digital: “Garth Brooks has just revealed who he really is. Out of malice and punishment, he publicly names his rape victim. The law… “Mr. Brooks kicked her out because he believed the law was right, even though there was no legal basis for it.” On behalf of our client, we will immediately impose maximum sanctions against him. ”

Criminal defense lawyers say most celebrities choose not to name their accusers to avoid public backlash.

“It is possible that Mr. Brooks or his legal team is confident in their defense, which may explain why they are taking such an aggressive approach,” Levin said. he explained. “Filing a counterclaim suggests that they believe they can not only defeat the accusation, but also prove that the accusation is unfounded. Still, this is a double-edged sword. If Brooks If he did not have a strong defense, it could be seen as retaliation and could damage his reputation.'' His reputation was further enhanced. ”

Garth Brooks and Trisha Yearwood

Garth Brooks and Trisha Yearwood married in 2005. (Rick Diamond/Getty Images)

“In short, this is a high-risk, high-return strategy,” the lawyer continued. “If Mr. Brooks wins his defamation suit, it may clear his name in the court of public opinion. But if the counterclaim backfires, it could fuel negative public perception and place him in greater legal jeopardy.” may be exposed to.”

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Brooks originally filed the lawsuit in September to block the makeup artist's impending lawsuit, according to a complaint obtained by FOX News Digital. In court documents filed as “John Doe,” Brooks denied the woman's claims.

According to the court, the woman, through her attorney, told Brooks in July that she had accused the “Friends in Low Places” singer of “sexual 'grooming,' creating a sexually hostile work environment, and unwanted sexual contact.” He contacted her with a demand letter accusing her of “sexual assault.'' document. In August, Brooks allegedly received a letter from the victim's attorney saying he could avoid the lawsuit in exchange for “a payment of several million dollars.”

Garth Brooks in a black suit and tan cowboy hat with his hands on his chest behind the podium

Garth Brooks' former makeup artist has accused the country singer of rape in a lawsuit filed in Los Angeles. (Jason Kempin/Getty Images)

“Filing a counterclaim suggests that they believe they can not only defeat the accusation, but also prove that the accusation is unfounded. Still, this is a double-edged sword. If Brooks If he did not have a strong defense, it could be seen as retaliation and could damage his reputation.'' His reputation was further enhanced. ”

— Duncan Levin

Brooks' move to litigate begins with Brooks being in a “good position,” but legal expert Jeff Lewis said he still carries a “heavy burden.”

“Garth Brooks clearly has a great defense attorney,” defamation attorney Lewis told FOX News Digital. “By filing the lawsuit first, he is in a better position to seek his right to be a plaintiff. This will allow him to present his case to the jury at the start of the trial, and will allow him to present his case to the jury at the start of the trial, which will allow him to pursue his right to be a plaintiff. The alleged victim could make it appear that he did so.'' Filing a lawsuit in Mississippi also circumvents a California law that makes defamation claims less likely to succeed. But this “first to sue” strategy is highly unusual and signals that Mr. Brooks is prepared to take it. This matter will go to trial, and I suspect Brooks' lawyers will file a motion in Los Angeles to have the Los Angeles claims transferred along with the defamation suit to be heard in Mississippi. ”

“As a public figure, Brooks told the court that not only did her hairdresser lie about her, but that she actually lied maliciously, meaning that she knew what she was saying was a lie. “We will have to prove that in court,” he added. “This is a huge burden and difficult for some celebrity plaintiffs to handle.”

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Garth Brooks at the 2020 NAMM Show

Garth Brooks claimed the sexual assault lawsuit was an attempt at extortion. (Jesse Grant/Getty Images, NAMM)

According to the lawsuit filed by Jane Roe, Brooks and her makeup artist traveled to Los Angeles in 2019 for a Grammy Awards tribute to R&B singer Sam Moore. “Jane Roe” said she booked just one room for the two to share instead of getting separate rooms. After arriving, Brooks allegedly raped the makeup artist.

The makeup artist said Brooks came out of the shower at her home in 2019, before the alleged rape. “She looked up in horror to see Brooks come out of the shower naked, with his penis erect and pointing at her.” The musician allegedly told Jane Roe that he was “fantasizing about this moment” and demanded that she perform oral sex on him.

The filing included screenshots of allegedly sexually explicit text exchanges between “Jane Roe” and Brooks.

The makeup artist claimed that Brooks took her phone away in 2020 and “deleted most of the text messages” sent to “Jane Roe.” However, some text remained, including an edited exchange that began and ended with, “And that giant stick you're carrying! Lou Severt!!” .

Brooks responded, “I'll use that nickname,” and added, “Thank you. I love you.”

Text messages between Garth Brooks and his former makeup artist

The lawsuit also included text messages allegedly exchanged between Brooks and the makeup artist. (California Superior Court)

Serious Garth Brooks Profile

The country music star denied the allegations. (Kevin Dietsch/Getty Images)

Former federal prosecutor Neema Rahmani told FOX News Digital that text messages and voice recordings could “enhance” a sexual assault case if the allegations occurred behind closed doors.

“If the messages and recordings are accurate, it appears there was some sexual activity between Brooks and Roe,” said Rahmani, founder of West Coast Trial Lawyers. “The question is whether it was consensual. That's the difference between rape and adultery.”

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Text messages can strengthen civil cases, but they must be authenticated, Angela Reddock Wright, a Los Angeles-based employment and Title IX attorney, told FOX News Digital.

“The best way to have text messages admissible in a civil lawsuit is to subpoena them from the cell phone provider company where they are stored and have them authenticated by an authorized representative of the cell phone company or a forensic scientist. “He is an expert in mobile phone data retrieval,'' the lawyer said.

“Mr. Brooks went on the offensive and sued Mr. Low for extortion,” Rahmani added. “That allowed him to frame Law as a shakedown artist in advance of negative press coverage. But even if Law had receipts or other evidence to prove the sexual assault… No amount of PR for Brooks in the courtroom or tribunal will help.''Public opinion. “

Garth Brooks in a black suit and cowboy hat poses on the carpet with his wife Trisha Yearward in a red cheetah print dress

The former makeup artist worked for both Garth Brooks and his wife Trisha Yearwood. (Jason Kempin/Getty Images)

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