UPDATED 11/23 with Foxx’s statement: Jamie Foxx has hit back at a lawsuit filed Wednesday in New York, in which he is accused of a sexual assault that allegedly happened in 2015.

“The alleged incident never happened. In 2020, this individual filed a nearly identical lawsuit in Brooklyn. That case was dismissed shortly thereafter,” a spokesperson for Foxx said Thursday. “The claims are no more viable today than they were then. We are confident they 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.”

In the lawsuit, the 55-year-old Oscar winner (real name Eric Marlon Bishop) has been accused of placing his hands on an unidentified woman’s waist, then moving them under her top. He then allegedly began rubbing the plaintiff’s breasts, dragging her to a secluded area of the rooftop at Catch NYC & Roof, where he touched other areas of her body.

The case was filed under New York’s Adult Survivors Act, which provides a one-year window for sexual assault plaintiffs to file civil claims, regardless of the statute of limitations. That window closes on Thursday and has led to a flurry of lawsuits claiming sexual assaults.

Read the complete court documents here.

Foxx won the Best Actor Oscar for his portrayal of Ray Charles in the film Ray, winning an Academy Award, BAFTA, Screen Actors Guild Award, and Golden Globe Award.

The lawsuit claims the incident in question began when a friend of the plaintiff asked Foxx for a photo. The lawsuit said Foxx “seemed intoxicated at the time,” and said the plaintiff looked like Gabrielle Union, complimenting her on a “supermodel body” and her scent.

When Foxx escalated his alleged physical assault, court papers claim the plaintiff tried to get away. The alleged assault finally halted when the plaintiff’s friend rushed to her aid.

The plaintiff claims to have sought medical treatment and suffered pain as well as emotional distress “‘”as a result of the “sexual assault, abuse, assault and battery.”

The lawsuit names Foxx and Catch, as well as its employees, and seeks compensation and punitive damages.

Foxx’s reps have not commented on the lawsuit.

Bruce Haring

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