Judge to dismiss lawsuit from Romeo and Juliet stars over underage nude scene in 1968 film
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A California judge has moved to toss out a lawsuit from the stars of the 1968 movie Romeo and Juliet that accused Paramount of exploitation and sexual abuse with regard to a nude scene filmed when the actors were underage.
In a tentative ruling Thursday, Los Angeles Superior Court Judge Alison Mackenzie granted the studio's motion to dismiss the lawsuit, rejecting Olivia Hussey and Leonard Whiting's argument that the nude scene amounted to child pornography.
"Plaintiffs have not put forth any authority showing the film here can be deemed to be sufficiently sexually suggestive as a matter of law to be held to be conclusively illegal," Mackenzie wrote. "Plaintiffs' argument on the subject is limited to cherry-picked language from federal and state statutes without offering any authority regarding the interpretation or application of those statutory provisions to purported works of artistic merit, such as the award-winning film at issue here."
The ruling also found that the film is protected by the First Amendment and the defendants did not comply with the provisions of a California law that temporarily suspended the statute of limitations for child sexual abuse claims, which had opened the door for Hussey and Whiting to file the lawsuit back in December.
Everett Collection Olivia Hussey and Leonard Whiting in 'Romeo and Juliet'
Solomon Gresen, an attorney for the actors, slammed the court's decision and told EW he plans to file a separate lawsuit in federal court, citing a Criterion Collection home video release earlier this year. "We firmly believe that the exploitation and sexualization of minors in the film industry must be confronted and legally addressed to protect vulnerable individuals from harm and ensure the enforcement of existing laws," he said. He also maintained "images of child pornography are not protected under First Amendment rights and are illegal contraband under federal law."
Hussey and Whiting added in a joint statement, "We waited going on 55 years for justice. I guess we'll have to wait longer."
Attorneys for Paramount declined to comment.
Hussey and Whiting, who were 16 and 15 at the time of the film's production, accused the studio of exploitation, sexual harassment, fraud, sexual abuse, negligence, and the distribution of nude images of children in their lawsuit. Now in their 70s, they said they've suffered mental anguish and emotional distress in the five decades since the release of Romeo and Juliet. The nude bedroom scene involved shots of Whiting's buttocks and Hussey's breasts, and the two alleged that late director Franco Zeffirelli misrepresented where the camera would be and filmed them naked without their knowledge.
"Paramount owed a duty to protect their minor children employees from child and sexual exploitation," said the lawsuit, which sought damages in excess of $500 million.
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