Nick Carter is asking a judge to dismiss sexual assault claims against him, arguing that he was not even in the same state as his accuser on one of the dates central to the lawsuit.
In newly filed court documents obtained by Us Weekly, the Backstreet Boys' attorney submitted evidence that shows he was more than 2,500 miles away from Florida on October 27, 2003, a date his accuser, Ashley Repp, has repeatedly cited as the day one of the alleged assaults occurred.
According to Carter, he was in Las Vegas attending the 2003 Radio Music Awards that night.
In her complaint, Repp acknowledged that the dates she provided were “approximations” and that the incidents occurred “on or about” those times. Carter, now 45, has consistently denied all allegations.
In his latest filing, Carter’s legal team zeroed in on the October 27 date, which they say Repp reaffirmed multiple times in sworn statements and during her deposition. His attorney wrote that Repp “has not wavered” from that date and insisted it was “absolutely not” possible that she was mistaken.
Carter’s defense claims otherwise. His lawyers say he was photographed in Las Vegas on October 26 and October 27, 2003, surrounding the Radio Music Awards, making it impossible for him to have been in Marathon, Florida, where Repp alleges the assault took place on a yacht.
When confronted with that evidence during her deposition, Repp reportedly paused before conceding that the date could be incorrect. “It is quite possible that I may have gotten that date incorrect,” she said.
Carter’s attorney responded by emphasizing the contradiction, stating that Repp ultimately acknowledged it would have been impossible for Carter to assault her on October 27, 2003, as originally alleged.
Based on that admission, Carter is asking the court to dismiss Repp’s claims of sexual battery, intentional infliction of emotional distress, and negligent infliction of emotional distress.
His legal team further pointed to past statements Repp allegedly made to law enforcement in 2004, in which she said her encounters with Carter were consensual and that she had misrepresented her age.
The case remains ongoing, and no final ruling has been made.
If you or someone you know has experienced sexual assault, help is available. In the U.S., survivors can contact the RAINN National Sexual Assault Hotline at 800-656-HOPE (4673) or visit rainn.org for confidential support and resources.