Jamie Foxx denies sexually assaulting woman at NYC rooftop bar
Jane Doe accuses actor of assaulting her at high-end rooftop restaurant in New York in 2015
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.Jamie Foxx is the latest star to face sexual assault allegations in a flurry of lawsuits delivered this week ahead of New York’s Adult Survivors Act (ASA) expiring on Friday, 24 November.
The ASA provided a one-year window for survivors of assault to come forward, regardless of when the assault took place.
In new court documents, seen by The Independent, the plaintiff referred to as Jane Doe accuses Foxx (real name Eric Marlon Bishop) of assaulting her at the Catch restaurant rooftop in New York City in August 2015.
Foxx denies the allegation and intends to issue a countersuit against the Jane Doe. His spokesperson told The Independent in a statement: “The alleged incident never happened. In 2020, this individual filed a nearly identical lawsuit in Brooklyn. That case was dismissed shortly thereafter. 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.”
The Jane Doe suit also lists the restaurant; its employees; and the co-founder of Catch Hospitality Group, Mark Birnbaum, as defendants. The plaintiff is seeking a trial by jury, and compensatory and punitive damages.
According to the filing, the woman and a friend were sitting at a table next to Foxx and Birnbaum on the night that the alleged incident occurred. The plaintiff said she asked Foxx, 55, for a selfie to which he replied: “Sure baby anything for you.”
Foxx then began complimenting the plaintiff, the suit states, saying: “Wow, you have that supermodel body” and “You smell so good.”
The plaintiff alleges that Foxx then guided her to a more secluded area of the rooftop where he sexually assaulted her.
The lawsuit alleges that a security guard, also listed as a defendant, witnessed the incident but did not intervene.
Watch Apple TV+ free for 7 days
New subscribers only. £8.99/mo. after free trial. Plan auto-renews until cancelled
Watch Apple TV+ free for 7 days
New subscribers only. £8.99/mo. after free trial. Plan auto-renews until cancelled
As a result, the woman “suffered and continues to suffer severe emotional distress and anxiety, humiliation, embarrassment, post-traumatic stress disorder and other physical and emotional damage,” the documents state.
The lawsuit alleges that Birnbaum and Catch NYC enabled the assault and failed to adequately supervise their employees.
The Independent has contacted Catch Hospitality Group for comment.
The lawsuit against Foxx is the latest high-profile action to be filed through ASA, which temporarily waived the statute of limitations on sexual misconduct claims for civil suits.
In another lawsuit filed Wednesday, a former model accused Guns N Roses frontman Axl Rose of sexually assaulting her in 1989, which he denies.
The ASA came on the heels of the Child Victims Act’s passage in 2019. Both measures allow for survivors to bring civil action against their alleged assailants within a one-year period.
Rape Crisis offers support for those affected by rape and sexual abuse. You can call them on 0808 802 9999 in England and Wales, 0808 801 0302 in Scotland, and 0800 0246 991 in Northern Ireland, or visit their website at www.rapecrisis.org.uk. If you are in the US, you can call Rainn on 800-656-HOPE (4673)