Diddy Asks Judge to Dismiss Clayton Howard’s Lawsuit as Consent Dispute Heads to Court


Sean "Diddy" Combs has filed a motion to dismiss an amended lawsuit filed by Clayton Howard, claiming the former male escort's involvement in paid sex encounters does not support the oppression alleged in his complaint. Combs and two of his companies filed the Oct. 7 filing, challenging the legal foundation of Howard's claims and his account of the encounters.

According to the filing, Combs' attorneys argue that Howard was free to choose which services he provided and refuse any he didn't want. The lawyers said his choices were like those at a restaurant, where diners can choose from what is offered but are not entitled to anything they might ask for. The filing also alleges Howard returned to the encounters for sex and money and calls him an "enabler and exploiter." Howard's amended complaint continues to lack any connection between the alleged coercion and sexual acts he would not have otherwise agreed to perform, Combs' team states.

Howard's complaint tells a different story. He said that agreeing to sex for money does not mean consenting to every act or situation that allegedly followed. He says Combs and others kept him involved through the use of drugs, false information, and physical restraint. One allegation involves a 2016 trip to Miami. Howard said he was robbed of his clothing, identification, and phone during the incident. He also claims he witnessed Combs beat Cassie Ventura before being moved to another room, where he says he was held for around 12 hours.

The allegations remain disputed, with Combs challenging the legal basis of Howard's claims. The central dispute is whether participation in paid encounters can create consent to the specific acts and circumstances alleged in the complaint. Criminal charges have also surfaced in Combs' broader legal proceedings. He was convicted on two counts of transportation for prostitution by a jury, but cleared of racketeering conspiracy and sex trafficking.

In July, a judge allowed several of Howard's civil claims against Combs to go forward, while dismissing claims against Ventura with leave to amend. Howard later amended his lawsuit, but Combs' lawyers now want the judge to throw it out.

The dispute will move forward with a hearing on Oct. 21 when the judge is expected to hear arguments on requests to dismiss. The hearing will address the legal issues presented by Howard's allegations and Combs' argument that the amended complaint does not allege the required nexus between the alleged coercion and sexual acts to which Howard had not consented.

The result is still unclear. Combs' team said Howard could refuse requests. Howard has said that consenting to paid sex didn't mean giving up control of everything that happened during paid sex. The competing positions are unresolved until the judge rules on the dismissal requests. The upcoming hearing will be another key phase of the ongoing civil dispute.

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