Marilyn Manson’s ex-assistant wins appeal and can sue for harassment and sexual assault.
The former assistant who claims Marilyn Manson sexually assaulted her, whipped her and threw her against a wall during a drug-induced rage won her appeal Wednesday, which revives her previously dismissed lawsuit against the musician.
Ashley Walters initially sued Manson, whose legal name is Brian Warner, for sexual assault, sexual harassment and gender discrimination in May 2021. She argued that although the alleged abuse took place over the course of a year job ” horrible ” which ended in 2011, the usual two-year statute of limitations did not apply because she had repressed her memories until 2020. She said the rule of ” late discovery », which postpones the start of the limitation period in cases where victims bury painful memories, had extended the time limit she had to file her complaint. She also claimed Mr Warner used threatening behavior to ensure her silence.
A trial court judge dismissed her case in May 2022, finding that she “ had not pleaded facts allowing the late discovery rule to be invoked “. Ms. Walters appealed, and a court in California’s Second Appellate District ruled in favor of her on Wednesday, overturning the trial court’s decision and sending the case back to the judge.
“ Walters’ allegations regarding delayed discovery were sufficient to withstand the objection, and we reverse the decision.”, wrote the judges. They noted that although Brian Warner’s defense team argued that his allegations were ” too memorable and had happened too often for her to remember nothing “, the court did not have to be concerned with her ability to prove her assertions at this stage of the case, but only with the fact that she had made them correctly.
“ This is a major victory for all victims, as it provides a clear path forward for issues of repressed memories and delayed discovery in these types of cases. I think the court was very firm in making a very clear decision about why victims have repressed memories and why that should be relevant when they come forward later in life to make these claims.”Walters’ lawyer, James Vagnini, told WECB. He notes that Warner’s camp was also ordered to pay appeal costs. “ We think this sends a message », he adds. Warner’s lawyers did not immediately respond to a request for comment.
Marilyn Manson, 54, has denied Walters’ allegations and those of more than a dozen women. In September, he reached a private settlement with an accuser. This deal follows another deal Warner struck with the star of Game Of Thrones, Esmé Bianco, in January. Former accuser Ashley Morgan Smithline let her trial end in January and formally recanted her allegations against Warner. A second unknown woman sued Warner in January for sexual assault.
