May 23, 2008 20:15

DMX $1.5 million rape judgment vacated

Rapper was not properly served with papers

A $1.5 million judgment awarded to the woman who filed a defamation suit against DMX has been vacated in Maryland.

Judge Thomas Smith says that the rapper, whose real name is Earl Simmons, was not properly served with papers in the suit which says that he defamed a woman, saying she raped him.

The woman in question, Monique Wayne, filed the suit after Simmons said he awoke in a Washington hotel room to find her having sex with him. Wayne, who became pregnant after the August 2003 encounter, denies the rape allegation and said that the sex was consensual.

Waynes was awarded $1.5 million in January at a hearing which Simmons did not appear, but his lawyers said he was not properly served and did not know that he was being sued.

Meanwhile, Simmons has been in trouble with the law in his home state of Arizona recently. He’s facing criminal charges for mistreating dogs at his home and drug possession.

--By our New York staff.
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