Why is Jamie Foxx being accused of sexual assault and what happens next?

Warning: The following article covers sexual assault. Please read with caution.

It’s safe to say Jamie Foxx is not having a great 2023. In April he was hospitalized for a mystery medical emergency that appears to be neurological in nature, though Foxx himself would only confirm that he’s been to “hell and back.”

Now he’s in more hot water, as a lawsuit has been filed at the New York Supreme Court alleging that Foxx committed sexual assault in an NYC rooftop bar eight years ago. But what exactly does the case allege?

The claim against Jamie Foxx

The document filed details an incident on Aug. 26 2015 at the Catch NYC & Rooftop Bar (which is also named as a defendant in the suit). The Plaintiff, anonymized as “Jane Doe,” says that at approximately 11:00 pm she and her friend arrived at the rooftop bar and noted that Foxx was sat one table away having drinks with a friend, Mark Birnbaum (also named in the suit).

A crowd gathered and were moved away, but Jane Doe and her friend were not. The Plaintiff’s friend then asked Foxx if she could take some photos, though he apparently “seemed intoxicated.” Foxx is then said to have approached the Plaintiff and made several comments: “Wow, you have that super model body,” “You smell so good,” and “You look like Nickie” (apparently a reference to Gabrielle Union).

Foxx is then alleged to have “grabbed” the Plaintiff by the arm and pulled her to the back area of the bar. The Plaintiff alleges that he then touched her breasts and genitals without her consent, with the attack only stopping upon the arrival of her friend.

The Plaintiff claims to have post-traumatic stress disorder and lingering psychological damage from the incident and is asking for damages “in an amount that exceeds the monetary limits of all lower courts” plus punitive damages.

What happens next

Foxx has responded to the claim with an adamant denial that any of this ever happened. As per Deadline, his spokesman said:

“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.”

As such, expect an application for dismissal to make its way before a judge soon. We’ll see whether that claim for malicious prosecution ever goes anywhere though, perhaps it’ll get dropped if the case does?

This is a developing story and we will update as and when we know more.

If you know someone suffering from sexual violence, contact RAINN or the National Sexual Abuse Telephone Hotline at 1-800-656-4673.