Why 'Amateur Porn' Is At The Heart Of The New Diddy Defense

The trial of Sean “Diddy” Combs ended with the rapper avoiding conviction on the most serious charges against him. However, he was found guilty of two counts of violating the Mann Act for transporting people across state lines for the purposes of prostitution. However, Diddy’s lawyers are now appealing those conventions.

The basis of the appeal is that what Diddy did was not technically prostitution. Since Diddy did not engage in sex with any of the sex workers in question and did not profit, the argument being put forth claims that what Diddy did wasn’t prostitution. It was, in fact, amateur pornography.

Diddy’s Defense Lawyers Are Calling His Videos “Amateur Porn”

A big part of the focus during Diddy’s trial was on a collection of videos that Diddy reportedly recorded as part of his famous “freak off” parties. The argument being made is that these videos were simply amateur pornography, which included consenting adults, meant for Diddy’s own private use. As such, they are protected speech.

Diddy’s team is asking for the convictions to be thrown out or, barring that, that Diddy get a new trial. Since a potential new trial would only be on the charges where he was convicted, a great deal of the evidence that was presented originally would not be admissible since it technically pertained to the charges that he had already been acquitted of.

How Prosecutors Are Opposing The Motion

MSNBC reports that the Department of Justice, which prosecuted the case, has now submitted its motion opposing the appeal. That motion points out that “multiple participants” testified during the trial, that they were not aware they were going to be filmed, and did not consent to being filmed, which the DOJ says pokes a hole in the amateur pornography argument.

Diddy's then-girlfriend, Cassie Ventura, testified during the trial that she had sex with male sex workers and that Diddy only watched these encounters and would sometimes film them. There are also reports that drugs were frequently part of these encounters. Prosecutors argue that this, as well as alleged threats of violence and intimidation, show that there was no consent.

Even if this particular appeal is unsuccessful, it’s still likely the convictions will be appealed up the judicial chain, so we have not heard the end of this. Diddy is currently scheduled to be sentenced in October, though if the judge has not yet ruled on this appeal by then, that date may certainly be pushed back.

Diddy could get significant jail time, but most experts seem to find that's unlikely. That said, Diddy has been repeatedly denied bail, both before the trial, and again following his conviction, and it's unlikely any amount of additional time would be considered acceptable.