Neil Gaiman at the 2022 National Book Awards in New York. Photo: AFP / DIA DIPASUPIL
Warning: This story discusses allegations of sexual assault.
British author Neil Gaiman claims a lawsuit which accuses him of rape and sexual assault should be held in New Zealand, not the US.
Gaiman denies the claims, but in the motion to dismiss, filed to a US district court in Wisconsin this week, argued that as the alleged abuses occurred in New Zealand, the US has no jurisdiction over the allegations.
"New Zealand is the proper forum to adjucate this case," the motion argues.
The case relates to allegations from New Zealander Scarlett Pavlovich that Gaiman repeatedly raped her while she worked for him and singer Amanda Palmer in 2022, causing physical, mental and emotional harm.
Pavlovich sued Gaiman, author of The Sandman comic book series and the novel American Gods, while Palmer was accused of knowing that Pavlovich was vulnerable, and failing to warn that Gaiman had a history of predatory behaviour, according to court papers.
The lawsuits seek unspecified damages that are "reasonably believed" to exceed US$1 million (NZ$1.7m) on multiple claims, Reuters reported.
In a declaration supporting the motion to dismiss Gaiman said he was a New Zealand permanent resident, and "lived in various places in New Zealand, including on Waiheke Island from December 2020 through February 2022, and again from December 2022 to February 2023".
While he and Pavlovich did engage in "sexual activity", they never had sexual intercourse and it was always consensual, Gaiman said in the declaration, calling the claims a "sham".
"None of Pavlovich's claims are true," Gaiman said.
"Although false, the alleged conduct claimed and described in the Complaint, all supposedly occurred in New Zealand," he said.
"No matter what Plaintiff says happened, it all happened in New Zealand between a New Zealand citizen and a New Zealand permanent resident. There is no legal authority to adjudicate her lawsuit in federal court in Wisconsin, or in other federal courts around the United States," the document states.
Gaiman indicated that WhatsApp messages provided to the court "demonstrate, in Pavlovich's own words" that their relationship was consensual.
The exhibit showed one message from February 2022 - the same month as their first sexual encounter - in which Pavlovich allegedly wrote "Thank you for a lovely lovely night - wow x".
In the declaration Gaiman also claimed New Zealand police had already closed their investigation into the allegations in early 2024.
"In or around November 2022, Pavlovich reported her allegations to law enforcement authorities in New Zealand. Those allegations were thoroughly investigated by New Zealand police, and no charges were brought," he said.
Neil Gaiman and Amanda Palmer in 2013 in Austin, Texas. Photo: TIM MOSENFELDER / GETTY / AFP
The allegations
Pavlovich earlier this year painted a very different picture of the events in a 13 January interview with Vulture, a US entertainment news page for the New York Magazine.
At the time, she was 22 and Gaiman was 61.
Following the publication of the allegations, Gaiman wrote that he had "never engaged in non-consensual sexual activity with anyone. Ever."
On social media, Palmer has said "as there are ongoing custody and divorce proceedings, I am not able to offer public comment."
Where to get help
- NZ Police.
- Victim Support 0800 842 846.
- Rape Crisis: 0800 88 33 00.
- Rape Prevention Education.
- Empowerment Trust.
- HELP (Auckland): 09 623 1700, (Wellington): 04 801 6655.
- Safe to talk: 0800 044 334.
- Tautoko Tāne Male Survivors Aotearoa.
- Survivors Network of those Abused by Priests (SNAP) 022 344 0496.
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