Content warning: This story contains description of alleged sexual assault.
A judge has dismissed one of the sexual assault lawsuits against Marilyn Manson, but has provided the plaintiff additional time to amend and re-file her complaint, which her lawyers say they intend to do.
The woman – an ex-girlfriend of Manson’s, identified only as Jane Doe – accused him of raping and threatening to kill her back in 2011, filing a lawsuit against the singer in May.
While Manson’s lawyers have argued the woman’s complaint falls outside of the statute of limitations for such claims, Doe claimed to have repressed her memories of the incident – a common experience for sexual assault victims – until February this year, when she read an article that detailed other allegations of assault against Manson (real name Brian Warner).
In legal documents viewed by NME, the judge presiding over the case, Judge Gregory Keosian, argued that the plaintiff’s claims of repressed memory “are not sufficient to invoke the delayed discovery rule”.
“A plaintiff seeking the benefit of the delayed discovery rule ‘must specifically plead facts’ showing the manner of discovery and the inability to have discovered facts earlier,” the ruling states.
“The complaint alleges neither when the repression began – such as immediately after the events took place, or outside the limitations period – nor its nature or extent, such as what memories were repressed or the extent to which Plaintiff was prevented from recalling them.”
The woman and her legal representation now have 20 days to amend the lawsuit and provide more detail to support her argument of delayed discovery.
“Marilyn Manson wants to silence our client about her rape,” said Adam Wolf and Tracey Cowan – Jane Doe’s attorneys – in a statement provided to PEOPLE.
“He tried to use technical legal arguments to get her case thrown out altogether. The judge thoughtfully analyzed the case law, and rightfully held that her case can go forward, so long as she amends her Complaint to add some additional details.
“We intend to amend with those additional details very shortly, and look forward to the opportunity to make Manson answer for his actions,” the statement concluded.
When contacted by NME, a representative for Manson declined to comment.
The dismissed lawsuit is one of four sexual assault lawsuits Manson currently faces, which began after his former partner Evan Rachel Wood, among other women, publicly made allegations against him in February.
In April, Game of Thrones actor Esme Bianco sued Manson, alleging sexual assault, physical abuse and human trafficking – months after going public with her claims. In May, Manson’s former assistant Ashley Walters sued the singer for sexual assault, battery, and harassment.
The fourth and most recent lawsuit was filed by model Ashley Morgan Smithline, who is suing Manson for sexual assault, sexual battery and unlawful imprisonment, among other charges.
Manson has denied all allegations, claiming back in July that his accusers were “cynically and dishonestly seeking to monetize and exploit the #MeToo movement” by launching a “co-ordinated attack against him.”
The documents, filed in July, labelled the women “co-conspirators” who are “desperately trying to conflate” Manson’s stage persona “with fabricated accounts of abuse.”