CONTENT WARNING: This post discusses sexual assault allegations.
Jamie Foxx has been accused of sexually assaulting a woman eight years ago.
Recalling the alleged incident, the plaintiff, referred to in the documents as Jane Doe, claims she and a friend were sitting “one table away” from Foxx and Catch Hospitality Group co-founder Mark Birnbaum. who were apparently drinking together.
Around 1:00 a.m., the woman claims she approached Foxx and Birnbaum’s table to ask for a selfie with the actor, to which he apparently responded, “Sure darling, anything for you.”
After taking a few photos, Foxx allegedly began complimenting Doe’s appearance, telling her that she had a “supermodel body” and that she smelled good. He also claims that he told her that she looked like Gabrielle Union.
In the complaint, Doe claims Foxx “appeared intoxicated” before leading her to a more private area of the rooftop where she alleges he sexually assaulted her. A representative for Foxx did not immediately respond when contacted by BuzzFeed for comment.
A Catch NYC security guard who allegedly witnessed the assault but did not intervene is named as a defendant in the lawsuit.
Doe claims Foxx stopped touching her when he realized his friend had gone out to the rooftop, at which point he allegedly approached the nearby security guard.
As a result of the alleged assault, the woman claims in legal documents that she “suffered and continues to suffer severe emotional distress and anxiety, humiliation, embarrassment, post-traumatic stress disorder, and other physical and emotional harm.”
The lawsuit also alleges that Birnbaum and Catch NYC breached their duty of care and allowed the assault to occur. The restaurant, its employees and Birnbaum are listed as defendants in the complaint.
The alleged victim is seeking a jury trial. She is suing for compensatory and punitive damages, alleging “sexual assault, abuse, assault and battery.”
The lawsuit is one of a series of sexual assault allegations filed this week before New York’s Adult Survivors Act (ASA) expires on November 24.
According to MSNBC, the ASA bill “provides victims of sexual assault who were 18 or older at the time of the abuse a one-year look-back period to file a lawsuit against their abuser and, if applicable, the institution that housed them. . ”, regardless of how long ago the crime occurred.