RSSJacque Hollander appeals Rape law suit vs. James Brown, the God Father of Soul …
Jacque Hollander, who claims that in 1988 James Brown raped her at gunpoint is asking the 
Supreme Court to hear her sexual harassment lawsuit. A lower court had earlier ruled this year that the statute had run out and she had waited too long to file. The statute of limitations on a case such as Hollander’s is just two years.
But the lower court judge didn’t buy Rosen’s arguments, stating in June 2005 that the clock started ticking when the the alleged assault took place. The case was also rejected in August by a federal appeals court, meaning the Supreme Court is her final option. (E Online)
According to sources close to the case Jacque Hollander has passed a lie detector test. Also, according to our sources Hollender has forensic evidence from the time of the rape. DNA sophistication in 2006 is quite a bit more advances than 1988.
Jacque Hollander argues that the state’s two-year statute of limitations in such cases does not provide equal protection to women.
In her lawsuit, Hollander said Brown raped her at gunpoint in 1988 while she was working as his publicist. She seeks $106 million in damages. (Mercury News)
According to court papers filed in 2005, Hollander states the attack took place while the two were driving to a South Carolina car dealerships.
Brown allegedly drove to a secluded area, threatened Hollander with a shotgun and, per the suit, “raped, beat and mentally tortured her over the course of several hours.” Hollander also claims the Grammy-winning Rock and Roll Hall of Famer threatened to kill her if she reported the incident.
Jacque Hollander’s attorney, Donald Rosen, had argued that because Hollander did not learn of the source for the previous diagnosed disease until 2003, and filed her initial complaint in 2005; the lawsuit was well within the time frame of the statute.
In 2000, 12 years after the alleged rape, Hollander says she was diagnosed with a
thyroid condition, the autoimmune disorder Graves’ disease. Three years later, she says she learned the condition developed as a result of the intense stress of the assault, a common trigger for the disorder. (E Online)
The appeal will be based on the fact that the time limit is unfair toward victims, particularly women who need equal protection of the law.
Whether the State of Illinois’ two-year statute of limitations that includes sexual assault as a personal injury subject to the same limitations as other personal injuries, fails to provide due process of law, and fails to provide equal protection to women, and so violates the Fourteenth Amendment and 42 USCS Â § 13981.
Attorney Donald Rosen also references the Violence Against Women Act as well.
The application of the statute of limitations in a manner which, under the factual circumstances, effectively denies a person (whether male or female) of due process in pursuing a remedy constitutes state action in violation of due process. Moreover, Congress has recognized the need for special protection against gender-based violence and so, in 1994, enacted the Violence Against Women Act, 42 USCS 13981.
Jacque Hollander’s attorney is also arguing that the 2 year statute should be tolled due to the death threats made by James Brown.
Petitioner also argued that the statute of limitations should be tolled for public policy and estoppel reasons due to the death threats made by Respondent James Brown, and reasonably believed by Petitioner, that restrained Petitioner from filing the lawsuit within the statutory period.
Debra Opri, James Brown attorney calls Hollander’s request for the Supreme Court to hear the case, “A pipe dream.”
James Brown, Smoking Gun: James Brown has pleaded no contest to a domestic violence charge (pictures available)
UPDATE: According to reports Larry Garrison is the spokesperson for Jacque Hollander
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10 Responses to “Jacque Hollander appeals Rape law suit vs. James Brown, the God Father of Soul …”
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While I love his music, this is not at all the King of Soul’s first brush with the law. He has had numerous charges and convictions in the past. She did pass a lie detector test, too.
The federal Violence Against Women’s laws if I recall correctly are often addressing issues that are not covered by the various states. The reason I think this is remember Heidi Nessbaum? She was able to file under those and get some at least shred of justice in that horrendous case. Not much but at least something which was better than she would have received under the state laws.
Hey, James! It may not be quite as much of a man’s world as you thought!
Mortella,
I love your posts! I agree … with women seemingly going backwards in so many ways, this is GREAT news for women! The law suit is well written…
He has the money….Rich and Black means more to a
judge than the torment this woman has suffered. Final
act……she gets nothing….It is sad.
Molly,
That doesn’t hold true in the US Supreme Court. I suspect that protection for women may, just may be extended - all women should be applauding this woman!
I agree Red. She is the victim and I do applaud her
[...] According to reports, Larry Garrison of SilverCreek Entertainment is the spokesperson for Jacque Hollander in her rape law suit against James Brown. Hollander claims that in 1988 James Brown raped her at gun point. She is presently appealing the ruling of a lower court that stated the statute of limitations expired. [...]
[...] Finally, Dana Petzer and Scared Monkeys radio has an exclusive internet interview with Jacque Hollander. She is trying to have her law suit against James Brown appealed. Larry Garrison is representing Jacque Hollander as a spokesperson and stated that she did pass lie detector tests. This is actually a fascinating case and many should take a look at The Petition for Writ of Certiorari to the US Court of Appeals for the 7th Circuit. It is possible that this case could change the growing trend of recent rape cases that have all but shredded the rape shield laws and made the rape victims, victims again. [...]
[...] Jacque Hollander http://www.scaredmonkeys.com/2006/11/17/jacque-hollander-appeals-rape-suit-vs-james-brown-the-god-fa... [...]
[...] Jacque Hollander http://www.scaredmonkeys.com/2006/11/17/jacque-hollander-appeals-rape-suit-vs-james-brown-the-god-fa... [...]