Hollywood superstar Jamie Foxx has found himself caught in the web of the Adult Survivors Act (ASA). Between his unspecified medical emergency earlier in the year, and the lawsuit he now faces, Foxx has certainly had a turbulent 2023. Without a doubt, the ASA has shaken up the entertainment, sports, and even the country’s political industry. The legislation was enacted on November 24, 2022, and is meant to last a one-year period. Within that time, victims of sexual assault would be able to file a lawsuit against their alleged abusers. As long as they were 18 or older at the time of their abuse claims, they could sue their alleged abusers no matter how long ago they were abused.
Notably, over 2,500 lawsuits were filed under the ASA while it was active. However, there was a noticeable surge in the number of lawsuits filed within the act’s final weeks. Celebrities and politicians, including Cuba Gooding Jr., Jimmy Iovine, and Andrew Cuomo, among others, were hit with lawsuits. Jamie Foxx, too, was accused of sexual misconduct under the ASA before it expired. Foxx has since denied the claims.
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The Lead Up To The Incident
On November 22, 2023, two days before the ASA’s deadline, Foxx was sued for sexual assault by an anonymous woman. The complaint was filed at the New York Supreme Court and alleges that the victim was assaulted at a rooftop bar in 2015. In detail, the incident allegedly happened at Catch NYC in August 2015, according to documents obtained by PEOPLE. The lawsuit details the events of that night, and how the actor allegedly sexually assaulted the victim.
The woman has chosen to remain anonymous and will be referred to as Jane Doe. The suit alleges that she saw Mark Birnbaum, a co-founder of the establishment, having drinks with Foxx “one table away.” Afterward, at approximately 1:00 a.m., she claims to have walked up to the actor, accompanied by her friend, to ask for pictures with him. According to the suit, he replied, “Sure baby, anything for you,” after which he took “several photographs” with her.
The Incident
The suit contains claims from the alleged victim that Jamie Foxx “seemed intoxicated.” According to the document, he began to make moves on Jane Doe. She claims that he passed several comments, including “Wow, you have that supermodel body,” “You smell so good,” and “You look like Nickie.” He allegedly clarified that “Nickie” was Gabrielle Union after Doe asked him who that was.
In time, Foxx allegedly grabbed her by the arm and pulled her to the back area of the rooftop bar. She said that it was at this back area that Jamie Foxx sexually assaulted her. As soon as they reached a secluded area, Foxx “placed both of his hands on her waist, moved them under her ‘crop top’ and began rubbing her breasts,” alleges the court filing. While Jane Doe claims she attempted to step away, she alleges that the actor proceeded to slide his hands into her pants. Furthermore, she claims she noticed a security guard “some distance away who saw what was happening but walked further away.”
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The Aftermath
In addition, she claims that when Foxx slid his hands into her pants, her friend came outside. Afterward, he allegedly stopped and walked towards the aforementioned security guard. In the lawsuit, the woman claims to have required medical treatment and advice. She was allegedly “injured [and] was rendered sick, sore, lame and disabled.” Furthermore, she alleges that she “was unable to pursue her usual and regular activities.” It also claims that she has had “to undergo great conscious pain.” Finally, the suit states that she “will permanently be affected by the injuries and emotional distress she incurred as a result.”
Additionally, she claims it caused her “severe emotional distress and anxiety, humiliation, embarrassment, post-traumatic stress disorder and other physical and emotional damages.” The suit alleges that Birnbaum and Catch’s employees “had knowledge of Foxx's propensities for aggressive behavior towards females.” Furthermore, it was alleged that they also knew Foxx’s “bad disposition when consuming excessive alcohol.” Following the filing of the lawsuit against Jamie Foxx, the woman is now seeking unspecified damages.
A Spokesperson For Jamie Foxx Addresses The Lawsuit
Soon after the lawsuit was filed, a representative of the Oscar-winning actor refuted the accusations in a statement. “The alleged incident never happened. In 2020, this individual filed a nearly identical lawsuit in Brooklyn. That case was dismissed shortly thereafter. The claims are no more viable today than they were then. We are confident they will be dismissed again. And once they are, Mr. Foxx intends to pursue a claim for malicious prosecution against this person and her attorneys for re-filing this frivolous action.”
Subsequently, Jane Doe’s representative, Michael S. Lamonsoff responded as well. In a statement of his own, he stated, “Our client and our firm will not be intimidated by Jamie Foxx’s age-old tactic of lies and threats against survivors of sexual assault,” he said. “Thankfully, the ASA was passed, allowing our client to demand accountability for the abuse and mental anguish she had endured since the time of this heinous assault.”
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