Gaiman seeks suit's dismissal in filing
MENOMONIE — Author Neil Gaiman is asking a federal court to dismiss a suit against him and his estranged wife, Amanda Palmer, saying the case should be filed in New Zealand.
The suit by Scarlett Pavlovich, who was a caretaker for Gaiman and Palmer's son, alleges they hired her knowing that she 'would be forced to engage in sexual acts as a condition of receiving the pay and housing they promised her.'
The suit alleges Gaiman aggressively pursued her for sexual purposes despite being warned against doing so, and that he was coercive and abusive during sexual encounters.
Gaiman has denied the allegations.
The motion says any case should be brought in New Zealand, since that's where the acts Pavlovich is suing for took place. It also contends the federal Trafficking Victims Protection Act 'cannot be applied extraterritorially.' The suit was filed in Wisconsin based on Gaiman's property in Menomonie.
An extensive brief in support of the motion maintains Gaiman's innocence of any criminal acts.
'Gaiman did not engage in the outrageous and tortious conduct Pavlovich alleges in her Complaint or in her myriad media interviews. In no uncertain terms, Pavlovich's accusations are false,' it says. The brief further asserts that New Zealand authorities investigated and decided against filing any charges.
The filing includes what Gaiman's attorneys say are texts from Pavlovich, including one sent after the two took a bath together that says she was 'consumed by thoughts of you, the things you will do to me. I'm so hungry. What a terrible creature you've turned me into. I hope tomorrow, or some other time soon,' and ends with a heart emoji.
Another text seems to contradict Pavlovich's claims in the suit, saying 'It was consensual — how many times do I have to ... tell everyone.'
But most of the brief is aimed at outright dismissal of the suit. Multiple pages are dedicated to establishing an argument that a New Zealand citizen who is bringing a case against a permanent resident of New Zealand for conduct alleged to have happened in New Zealand should be tried there.
Because New Zealand law differs from American requirements for discovery, the process would be significantly complicated, potentially requiring litigation in that country.
'New Zealand is an adequate and available forum for the remedies sought,' the brief says.
Gaiman filed a declaration in support of the motion, directly speaking to the allegations by Pavlovich. He points to the WhatsApp messages between the two as evidence in his favor.
'The messages … demonstrate, in Pavlovich's own words, that our relationship was consensual, and that Pavlovich was an enthusiastic participant who initiated many of our sexual encounters,' he said.
Palmer, who is also named in the suit, has not yet filed a response.
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