Sean “Diddy” Combs is now trying to use “diminished mental capacity” as a defense in his sex trafficking trial, but prosecutors aren’t buying it and are fighting to keep this dubious claim from reaching the jury.
At a Glance
- Prosecutors are fighting to block Diddy’s last-minute “diminished mental capacity” defense before his May 5 sex trafficking trial
- Diddy’s legal team plans to argue their client is just a “swinger” and his sexual activities were consensual, not criminal
- The music mogul faces serious charges including racketeering, sex trafficking, and running a criminal enterprise through his businesses
- Prosecutors added new charges in April 2024, extending the timeframe of alleged sex trafficking to as recent as this year
- The judge allowed video of Diddy assaulting ex-girlfriend Cassie Ventura to be shown at trial
Last-Minute Mental Capacity Defense Falls Flat
Just days before Sean “Diddy” Combs is set to stand trial on serious sex trafficking charges, his legal team has thrown a Hail Mary by trying to introduce expert testimony suggesting he has “diminished mental capacity.” Federal prosecutors immediately fired back, filing motions to exclude this testimony, arguing that Diddy’s team missed the February 17, 2025 deadline for pretrial motions and failed to provide timely notice about psychiatrist Dr. Elie Aoun’s intended testimony.
Prosecutors didn’t mince words in their filing, stating that Dr. Aoun’s testimony violates the Insanity Defense Reform Act of 1985 and constitutes “impermissible hearsay” since the doctor never actually examined Diddy himself. They further argued that the testimony is irrelevant, prejudicial, and would only serve to confuse the jury about what’s actually required to prove guilt in this case.
Diddy's claims of 'diminished' mental capacity take center stage days before sex trafficking trial https://t.co/2XGXnxd1LS
— Fox News (@FoxNews) April 28, 2025
The “Swinger” Defense Strategy
In what might be one of the more eyebrow-raising legal strategies in recent memory, Judge Arun Subramanian has allowed Diddy’s legal team to pursue what’s being called a “swinger’s defense.” His attorney, Marc Agnifilo, plans to argue that Diddy believed his actions were appropriate because they’re supposedly common in certain circles. This defense essentially attempts to reframe what prosecutors describe as sex trafficking and coercion as merely consensual adult activities.
“There’s a lifestyle, call it swingers or whatever you will, that he thought was appropriate because it was common,” said Marc Agnifilo, Diddy’s attorney
The judge has placed some limits on this strategy, however, prohibiting the defense from naming other high-profile individuals as examples of this “lifestyle.” This restriction prevents Diddy’s team from potentially dragging other celebrities into the case to normalize the behavior in question, forcing them to focus specifically on Diddy’s own actions and intent.
Diddy's legal team plans to bring up the embattled music mogul's mental capacity as a defense during his sex trafficking trial, TMZ reports.
Sean "Diddy" Combs' sex trafficking trial starts next month. On Monday (April 28), TMZ reported the Bad Boy Entertainment founder's… pic.twitter.com/3LqtiDvGwY
— XXL Magazine (@XXL) April 28, 2025
Serious Charges Paint Dark Picture
The charges against Diddy paint a disturbing picture far removed from the glamorous music mogul image he’s cultivated for decades. Prosecutors allege he ran a criminal enterprise through his various businesses, using threats, coercion, and abuse to fulfill his sexual desires. The formal charges include racketeering conspiracy, sex trafficking by force, fraud, or coercion, and transportation for prostitution.
“The noticed testimony relates to the defendant’s diminished capacity to form the mens rea required to commit the charged offenses – in other words, a ‘mental condition bearing on the issue of guilt,'” prosecutors stated in their filing
In a concerning development that suggests the alleged criminal behavior continued even after investigations began, prosecutors added new charges in April 2024. These additional counts accuse Diddy of sex trafficking a female victim and transporting sex workers across state lines between 2021 and 2024, extending the timeline of alleged criminal activity to the present year. Despite the mounting evidence and serious nature of the charges, Diddy continues to maintain his innocence as the May 5 trial date approaches.
