TI and Tiny Harris call for dismissal of 2005 sexual assault case filed by Air Force veteran

• TI and his wife Tiny Harris have filed a motion to dismiss a sexual assault lawsuit filed in January by a Jane Doe.
• The couple wants the lawsuit to be dismissed “in its entirety and with prejudice” on the grounds that the statute of limitations has expired on Doe’s “time-barred” claims.
• Doe, an Air Force veteran, claims the incident occurred in a hotel room in 2005 after he met the couple at a Los Angeles club.

TI and his wife Tiny Harris are seeking to dismiss the sexual assault lawsuit filed against them by an individual plaintiff in January.

According to a complaint previously seen by PEOPLE, Doe – also an Air Force veteran – claimed that after meeting at a Los Angeles club in 2005, the two drugged her, took her to her hotel room and then raped her.

Documents obtained by PEOPLE on Thursday, June 27, show that the rapper (real name Clifford Harris), 43, and the R&B singer (real name Tameka Harris), 48, subsequently filed a motion asking a federal judge in California to dismiss the case “in its entirety and with prejudice” on the grounds that the statute of limitations had expired on Doe’s “time-barred” claims.

The defendants’ complaint also states that Doe’s complaint “fails to allege facts that would sufficiently support the claims alleged in the complaint.”

“Here, plaintiff had, at best, until December 31, 2007, to file this action based on the facts alleged in the complaint,” the motion states. “Therefore, this action, filed more than sixteen years after that statutory deadline – 18 years after the occurrence of the facts alleged in the complaint – is barred by the statute of limitations, along with all of the claims alleged in the complaint.”

The complaint also states: “There are no facts whatsoever that could establish or revive any actionable claims of the plaintiff against the defendants based on the encounter in 2005 alleged in the complaint.”

Representatives for TI and Tiny did not immediately respond to PEOPLE’s request for comment.

In her lawsuit filed Tuesday, January 2, under California’s Sexual Abuse and Cover Up Accountability Act – which extends the statute of limitations for victims of sexual abuse and sexual assault to December 2026 – Does claimed she did not consent to “any sexual assault or misconduct” during the alleged encounter with TI and Tiny in 2005.

The filing states that Doe was in her early 20s and serving in the U.S. Air Force when she met the couple while deployed in LA. She claimed she was introduced to the rapper and singer in the VIP area of ​​a club by a man named Caviar. There, Doe claimed, Tiny gave her a drink and then took her to a hotel room with TI and two other women.

After the women left, Doe claimed Tiny took her clothes, leaving her feeling “extremely shocked and uncomfortable” when the pair joined her in the shower. Afterward, Doe claimed she was “signaled” to get in bed with TI and felt “extremely dizzy and lightheaded,” leading her to believe she had been drugged.

At one point, the lawsuit states, Tiny put Doe on her back and “pinned her down,” and TI allegedly “pushed his toes into (Doe’s) vagina.” The lawsuit then alleges Doe told the “What You Know” rapper “no” and tried to move him “out and away from her.”

The filing also alleged that during the alleged assault, when TI went to get a condom, Tiny continued to “arouse herself by rubbing herself against (Doe) and massaging her butt,” causing Doe to vomit as she “became increasingly sick and extremely ill from the assault and physical harm she experienced.”

The next day, Doe passed out on the couch, “naked, dazed, sick and weak.” She said she woke up with “severe pain” in her vagina and felt “itching and burning.”

Doe is seeking unspecified damages for sexual assault, battery, sexual harassment, negligence, false imprisonment and intentional infliction of emotional distress in connection with the alleged assault in 2005, which she says prevented her from “carrying out daily activities and enjoying life to the fullest.”

TI and Tiny denied any wrongdoing in a joint statement obtained by PEOPLE in January, saying, “After positivity, negativity always rears its ugly head. This plaintiff has been threatening to file this lawsuit for THREE years. For THREE years, we have emphatically and categorically denied these allegations.”

They continued: “For THREE years we have maintained our innocence and refused to pay these extortionate demands for things we did not do. For THREE years we have maintained the same position while the allegations in this story have changed over and over again. Our position is clear… We are innocent of these false allegations, we will not be extorted, and we look forward to our day in court.”

A hearing on TI and Tiny’s motion to dismiss is scheduled for Wednesday, August 7, in Los Angeles.

If you or someone you know has been sexually assaulted, please call the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or visit rainn.org.