Nick Carter Claims It Was 'Factually Impossible' for Him to Have Assaulted Sexual Battery Accuser

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Shannon Ruth sued Nick Carter in December 2022 for allegedly assaulting her more than 20 years ago

Gabe Ginsberg/Getty Nick Carter in Las Vegas in February 2017
Gabe Ginsberg/Getty Nick Carter in Las Vegas in February 2017
  • Nick Carter has requested a hearing and asked court to grant him a summary judgment on a sexual accuser's claims

  • He claims it was "factually impossible" for him to have assaulted the accuser

  • In the documents obtained by PEOPLE, he provides evidence disputing the accuser's claims and "perjurious" testimony

Nick Carter has claimed it was "factually impossible" for him to have assaulted a sexual battery accuser.

In documents filed on Tuesday, May 7 in Nevada and obtained by PEOPLE, the Backstreet Boys singer, 44, has filed a motion requesting a hearing and asking the court to grant him a summary judgment on Shannon Ruth's claims "for sexual battery, intentional infliction of emotional distress and negligent infliction of emotional distress."

Also named in the motion are Melissa Schuman — a former teen pop singer with the girl group Dream who accused Carter of raping her in his Santa Monica apartment in 2003 when she was 18 and he was 22 — her father Jerome Schuman, and the @ElaineMoo Twitter account. YouTuber and former actress Alexa Nikolas was also subpoenaed.

Ruth — who sued Carter for sexual battery in December 2022 — alleges she was assaulted as a teenager more than 20 years ago, an incident that a source close to the singer has denied.

"Ms. Ruth disagrees with much of the information that is contained in Mr. Carter’s motion for summary judgment," her lawyer Mark Boskovich told PEOPLE in an exclusive statement. "She looks forward to being able to express her side of the story in her opposition."

Eric McCandless/Getty Nick Carter
Eric McCandless/Getty Nick Carter

Related: Nick Carter Sued in Third Sexual Assault Case as Lawyer Says They're 'False Allegations'

Ruth claimed that when she was 17 years old the pop star, then 21, sexually assaulted her on his tour bus after a concert at the Tacoma Dome in 2001, according to documents obtained by PEOPLE. TMZ and Rolling Stone were the first to report the suit.

In the most recent filing, Carter provides evidence disputing Ruth's claim with security personnel and band management confirming that Backstreet Boys did a "quick out" after a concert where she was allegedly waiting in an autograph line. (The singer's team claims no such line existed.)

Susan Riggs, a friend of the band and Carter at the time, testified that she "personally observed Carter exit the venue, board his tour bus and immediately drive away," while Ashley Large, a fan, went to a meet-and-greet prior to the show, but claims there was no autograph line after the show.

Additionally, fans confirmed that Carter was immediately transported to the Four Seasons Hotel in Seattle shortly after the concert.

Carter's lawyers claim that Ruth has been unable to recall several details from the incident in question including details about a beverage called a "VIP Drink" she was allegedly served, how much time had passed from between going from the bus to the bathroom where she claimed to be assaulted and how Carter told her to "orally copulate him."

The "As Long as You Love Me" singer also claims the accuser lied about him giving her HPV and about identifying his security guard who she claimed let him on his tour bus. Also, he noted in the filing that Ruth's claims that she had been diagnosed with and was suffering from autism and cerebral palsy were unsupported.

Carter asserts that Ruth was "coached and groomed" by Melissa and Jerome and that Ruth had admitted on social media and in her deposition that she was not sexually assaulted by the boybander.

"Carter is entitled to summary judgment in this case and should not be forced to proceed to trial in a matter where the plaintiff has failed to produce a shred of reliable evidence to support her claims," the filing argues.

The musician is asking that Ruth’s "perjurious testimony" is disregarded by the Court.

"Based on the actual and significant evidentiary record, Carter did not rape Ruth and her moving target story does not create a genuine issue where a reasonable jury would return a verdict in her favor," the motion states.

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<p>Gabe Ginsberg/Getty</p> Nick Carter

Gabe Ginsberg/Getty

Nick Carter

Related: Judge Says Nick Carter Can Continue to Pursue His Counterclaim Against Sexual Battery Accuser

Since 2017, Carter has faced accusations of sexual assault from three women.

Schuman sued Nick for sexual assault and battery in April 2023, while Ruth sued him in December 2022 for alleged sexual battery.

A source close to Nick denied the allegations.

In February 2023, Nick filed a countersuit against Ruth for her accusations, and in that countersuit, he also sued Schuman regarding the allegations she made against him.

The countersuit argued that the two women took advantage of the #MeToo movement and used it to launch a five-year conspiracy to "defame and vilify Carter and otherwise ruin his reputation for the purposes of garnering attention and fame and/or extorting money from Carter," according to the suit obtained by PEOPLE.

Nick was sued by a third accuser who claimed he assaulted her at age 15 in August 2023.

According to documents obtained by PEOPLE, he allegedly sexually assaulted her on multiple occasions in 2003.

Carter's lawyer denied the allegations.

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