Jamie Foxx denies sexual assault accusations, calls lawsuit filed against him 'frivolous'

Jane Doe on Wednesday sued actor Jamie Foxx, accusing him of sexually assaulting her at Catch NYC restaurant in 2015.
Jane Doe on Wednesday sued actor Jamie Foxx, accusing him of sexually assaulting her at Catch NYC restaurant in 2015.
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Jamie Foxx is being sued for allegedly sexually assaulting a woman at a rooftop bar in New York City in 2015.

An unnamed woman is accusing the 55-year-old Oscar-winning actor of sexual assault and battery during an interaction in August 2015, according to a lawsuit filed in New York Supreme Court Wednesday, obtained by USA TODAY. She filed anonymously as Jane Doe.

After Jane Doe's friend asked Foxx for a photograph at Catch NYC's rooftop bar, Catch Roof, he allegedly made comments to Jane Doe such as "Wow, you have that supermodel body," according to the complaint. She says Foxx, whom she claims was intoxicated, then grabbed her "by her arm and pulled her to the back area of the rooftop," where he allegedly "placed both of his hands" on her waist, moved them under her crop top and "began rubbing her breasts."

Despite attempting to step away from the encounter, Jane Doe says Foxx put his hands in her pants and touched her genitals. The alleged interaction ended after her friend came looking for her, the suit says.

Jane Doe, who is seeking a jury trial, claims she was injured and had to undergo medical treatment while suffering pain and emotional distress as a result of the "sexual assault, abuse, assault and battery."

Catch NYC, Mark Birnbaum and Catch Hospitality Group are among the other defendants listed in the complaint. She is suing for compensatory and punitive damages.

USA TODAY has reached out to Birnbaum and Catch NYC for comment.

TMZ was first to report the news.

Jamie Foxx denies sexual assault allegations

In a statement to USA TODAY Thursday, a spokesperson for Foxx denied the allegations made against the actor.

"The alleged incident never happened," the statement read. "In 2020, this individual filed a nearly identical lawsuit in Brooklyn. That case was dismissed shortly thereafter. The claims are no more viable than they were then."

Foxx's spokesperson said they were "confident" the accusations 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," the statement concluded.

The lawyer representing Jane Doe responded to Foxx's denial in a statement to USA TODAY on Friday.

“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," Michael S. Lamonsoff said. He explained that "although our client sought justice by coming to our firm, unfortunately, the Adult Survivor’s Act (ASA) had not passed yet," therefore "a previous lawsuit was never file in 2020."

"Foxx’s claims are absurd and untrue," Lamonsoff said. "Accordingly, his claimed dismissal of a lawsuit against him that didn’t exist is a transparent and nefarious attempt to discredit and dishonor the survivor of his sexual assault. Our firm filed a Petition for Anonymity, not a lawsuit, which is standard procedure to keep our client’s name anonymous. We voluntarily withdrew it until the passage of the ASA."

Related: Fashion photographer Terry Richardson accused of sexual assault in new lawsuit

Jane Doe accuses Catch NYC of failing to prevent alleged sexual assault

In her lawsuit, Jane Doe accused the restaurant and bar, as well as Birnbaum, of negligent hiring, training and supervision and said employees failed to report and prevent the alleged incident.

The defendants "had knowledge of Foxx's propensities for aggressive behavior towards females, the potential for unwanted sexual touching and his bad disposition when consuming excessive alcohol," her filing reads.

As a result of the incident, Jane Doe "suffered and continues to suffer severe emotional distress and anxiety, humiliation, embarrassment, post-traumatic stress disorder and other physical and emotional damages," her lawsuit claims.

The complaint was filed under New York’s Adult Survivors Act, which has given victims of sexual abuse a one-year window for claims that would otherwise be barred by time limits. The deadline is Nov. 24.

Foxx won an Academy Award for portraying Ray Charles in 2004's "Ray." The actor most recently starred in "The Burial," a movie based on a true story about a Mississippi funeral home owner, played by Tommy Lee Jones, who sued a multinational corporation that nearly ran him out of business.

Contributing: Naledi Ushe

If you are a survivor of sexual assault, RAINN offers support through the National Sexual Assault Hotline (800.656.HOPE & online.rainn.org). 

This article originally appeared on USA TODAY: Jamie Foxx sexual assault lawsuit filed for alleged 2015 incident