Actor Jamie Foxx is being sued for an alleged sexual assault that the accuser claims occurred on a New York City rooftop eight years ago, according to multiple reports.
According to a lawsuit filed by a woman identified as Jane Doe, the now-55-year-old actor was allegedly sitting at Catch NYC & Roof with the bar’s owner, Mark Birnbaum, in August 2015 when the unidentified woman and a friend arrived at the venue around 11 p.m.
Seated at a table next to Foxx and Birnbaum, the woman’s friend approached the Django Unchained actor and asked if he would take a photo with them, to which he allegedly replied, “Sure, baby anything for you.”
Foxx — who Doe believes was intoxicated at the time — took multiple photos with them before commenting, “Wow, you have that supermodel body.” He also allegedly said, “You smell so good” and reportedly told Doe that she looked like actress Gabrielle Union.
After taking photos with them, the unidentified woman claims Foxx pulled her by her arm to a back area of the rooftop where the alleged assault occurred.
The woman says the Strays actor then allegedly put both of his hands on her waist, moved them under her crop top and then rubbed her breasts. She allegedly tried to step away and claims a security guard noticed the entire interaction but did not intervene.
After the security guard walked away, Doe claims Foxx then slid his hands into her pants and “put his fingers on and in Plaintiff’s vagina and anus.” This went on until the woman’s friend saw the incident happening which Doe says caused Foxx to stop.
The woman says she had to receive medical treatment for injuries sustained and pain, suffering and emotional distress. Doe is suing the actor as well as the restaurant and Birnbaum in the matter.
ET reached out to Foxx’s representatives for comment.
The lawsuit was filed on the eve of the expiration of New York’s Adult Survivors Act, a law that provided a year-long suspension to the typical statute of limitations for alleged victims to sue over assaults. It closes at midnight on Thursday.
According to the Associated Press, more than 2,500 lawsuits have been filed during the one-year window.
Just last week, Sean “Diddy” Combs and his ex-girlfriend, R&B singer Cassie Ventura, reached a settlement in her rape lawsuit against the music mogul, also filed in New York under the Adult Survivor’s Act.
In a statement to ET, Diddy said, “We have decided to resolve this matter amicably.” He added, “I wish Cassie and her family all the best. Love.”
“Just so we’re clear, a decision to settle a lawsuit, especially in 2023, is in no way an admission of wrongdoing,” said Diddy’s attorney, Ben Brafman, in a statement to ET. “Mr. Combs’ decision to settle the lawsuit does not in any way undermine his flat-out denial of the claims. He is happy they got to a mutual settlement and wishes Ms. Ventura the best.”