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\n\tThe woman suing Steven Tyler<\/a> with claims the Aerosmith<\/a> singer sexually abused her in the Seventies when she was 16, and he was in his mid-20s, is firing back at his latest attempt to dismiss her lawsuit ahead of a looming trial.<\/p>\n \n\tIn new court filings obtained by Rolling Stone<\/em>, Julia Misley says the court must deny Tyler\u2019s bid to thwart her lawsuit before their Oct. 1 trial date because it has a \u201cfatal\u201d flaw. She claims Tyler \u2014 a California resident who allegedly sexually assaulted her in Oregon, Washington, Massachusetts, and at the Beverly Hills Hotel in California when she was still a minor \u2014 waited too long to claim that he can\u2019t be sued under California\u2019s Child Victims Act because he and Misley lived together in Boston for most of their relationship, and the Massachusetts age of consent is 16 years old.<\/p>\n \n\tMisley argues Tyler \u201cwaived\u201d that purported defense, which she describes as a \u201cchoice of law and application\u201d defense, by not raising it in his prior answers to her complaint. Beyond that, \u201cpublic policy doesn\u2019t support rewarding someone who intentionally brought a child to a state with less protection,\u201d she and her lawyers add in their new filing ahead of an Aug. 28 hearing on the dismissal motion, known as a motion for summary judgment.<\/p>\n \n\tAccording to Misley, Tyler also failed to \u201cproperly plead\u201d the statutes of limitations of the other states outside California as a defense. She argues that her allegations of assaults \u201cin multiple states\u201d were known to Tyler when he filed his amended answer on April 4, 2025, but he never listed the exact \u201csection numbers\u201d of the statutes in Oregon, Washington, or Massachusetts he\u2019s now invoking. \u201cTherefore, he cannot raise these issues now, and the court should deny the motion,\u201d the filing states.<\/p>\n \n\tReached by phone Thursday, Tyler\u2019s lawyer said the defense hasn\u2019t forfeited anything. \u201cIt\u2019s there. We challenged the statute of limitations,\u201d attorney David Long-Daniels tells Rolling Stone<\/em>. According to Long-Daniels, Tyler\u2019s fifth affirmative defense listed in the April answer, which claims the lawsuit is barred by \u201cthe applicable statute of limitations,\u201d is enough to cover all their pending arguments.\u00a0<\/p>\n