Jackson's attorney, Charles F. Gay Jr, asked U.S. District Judge Eldon Fallon to throw out the suit by Joseph Bartucci Jr because the alleged incident occurred over two decades ago. There is normally a twelve month statute of limitations on filing a federal molestation lawsuit.
Bartucci, who was 18 in 1984, claims he recovered a repressed memory of the alleged molestation after seeing a television show about the child sex rap Jackson beat in California last year.
Judge defers Jackson molestation decision
Bartucci is arguing the statute of limitations should commence not from the date of the alleged incident, but from the date he says his repressed memory was recovered.
He alleges he was lured into Jackson's limousine in 1984, and held for nine days during which he was sexually assaulted.
Jackson's team of lawyers has branded the claim a "fantastic tale".
"They have no facts or evidence to support the claim of repressed memory," Gay said, contending the notion is not supported by medical studies.
Attorney Louis Koerner, who represents Bartucci, countered that his client "went through a terrible, terrible, terrible time."
Judge Fallon asked Koerner to take evidence from L. Mulry Tetlow, a psychologist who agreed Bartucci had repressed the memory.
"I want to look at what he says about repressed memory," Fallon said.
Jackson’s lawyers said Bartucci was a serial litigator had been party to 18 civil suits and criminal complaints in the past 17 years. Which, ironically, is a similar strike rate to Jackson’s.
"We think this whole thing was conjured up by a guy who knows how to use the system," Gay said.
Neither Jackson nor Bartucci appeared in court. Jackson, 47, moved to the Arabian kingdom of Bahrain after being acquitted of the California molestation charges last year.