Axl Rose Files to Dismiss Lawsuit from Former Model Who Sued Him for Alleged 1989 Sexual Assault

The complaint against the rocker was filed in November one day prior to the expiration of the N.Y. Adult Survivors Act

Axl Rose is working to have the case filed against him by a former model alleging he sexually assaulted her thrown out.

On Feb. 21, the Guns N’ Roses rocker, 62, and his legal team filed to dismiss the lawsuit brought against him in November — one day prior to the expiration of the N.Y. Adult Survivors Act — by Sheila Kennedy, who claims that he sexually assaulted her in a New York City hotel in 1989.

In documents obtained by PEOPLE, Rose's legal team references Kennedy's 2016 memoir No One's Pet, where she describes the alleged incident as "consensual sex." They also point out previous interviews she's done including one for the 2021 documentary Look Away, in which she said she "did not consider it rape. It was consensual."

Related: Axl Rose Sued for Alleged 1989 Sexual Assault and Battery by Former Model as Rocker Denies Claims

The documents allege that the former Penthouse model discovered she "could profit from claiming that the incident had not in fact been consensual" once the statute of limitations had re-opened.

"Kennedy cannot and will not succeed in this unscrupulous attempt at a financial windfall. This lawsuit will lay bare the falsity of these vexatious and meritless allegations," the suit reads.

A rep for Rose has not commented.

Kennedy, now 61, filed the lawsuit on Nov. 22 for alleged sexual assault and battery in New York, claiming the singer “targeted” her using his fame and celebrity status to “manipulate, control and violently sexually assault” her.

A lawyer for Rose denied the claims at the time. "Simply put, this incident never happened. Notably, these fictional claims were filed the day before the New York State filing deadline expires," attorney Alan S. Gutman said in a statement obtained by PEOPLE. "Though he doesn’t deny the possibility of a fan photo taken in passing, Mr. Rose has no recollection of ever meeting or speaking to the Plaintiff, and has never heard about these fictional allegations prior to today. Mr. Rose is confident this case will be resolved in his favor."

The complaint claimed that the former model left the club with Rose and his entourage for his hotel suite, where he allegedly “pushed Kennedy against the wall and kissed her,” though she said she did not mind, as she was open to having sex with him.

As the night continued, Kennedy claimed Rose began encouraging group sex, and she became “uncomfortable” as she watched him have sex with another model. The complaint alleged that Kennedy left Rose’s bedroom and later heard him throwing glass and screaming obscenities at the model.

She claimed that he then entered the room she was sitting in and knocked her to the floor, then “grabbed her by the hair and dragged her” back to his bedroom in a “very painful” encounter that left her with bloody knees.

Once in Rose’s bedroom, Kennedy alleged that he threw her to the floor twice and tied her hands behind her back using pantyhose before “forcibly penetrating Kennedy’s anus with his penis” without asking for consent.

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Related: Axl Rose Sued for Alleged 1989 Sexual Assault and Battery by Former Model as Rocker Denies Claims

“He treated her like property used solely for his sexual pleasure,” the complaint claimed. “Kennedy did not consent and felt overpowered. She felt she had no escape or exit and was compelled to acquiesce. She believed Rose would physically attack her, or worse, if she said no or attempted to push him away. She understood that the safest thing to do was to lie in bed and wait for Rose to finish assaulting her.”

In the complaint, Kennedy said the alleged assault left “lifelong emotional, physical, psychological and financial impacts” on her life, and that she’s experienced symptoms akin to post-traumatic stress disorder hearing Rose’s name or Guns N’ Roses music. She also claimed the assault directly led to her being diagnosed with anxiety and depression, and that it had an adverse effect on her career, as she avoided nightclubs and social settings where he or his music might be.

The complaint also listed other instances of Rose’s alleged sexual abuse, including his arrest for alleged statutory rape (the criminal charges were later dropped), and a 1994 PEOPLE cover story that featured interviews with his former partners Erin Everly and Stephanie Seymour. Both women alleged that Rose abused them, and both filed suit against him, though each case was settled out of court.

If you or someone you know has been sexually assaulted, please contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or go to rainn.org.

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