Jamie Foxx accused of sexual assault at NYC rooftop bar in 2015

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By Max Matza
BBC News

US actor Jamie Foxx is being sued by a woman who alleges he sexually assaulted her at a restaurant in New York City eight years ago.

According to the lawsuit, Mr Foxx, whose real name is Eric Marlon Bishop, groped the unnamed woman after she asked to have her photo taken with him.

The accuser is suing Mr Foxx for damages, alleging “sexual assault, abuse, assault and battery”.

Mr Foxx’s representatives did not respond to a BBC request for comment.

The lawsuit alleges the assault occurred at around 01:00 in the morning on 26 August 2015 at Catch NYC after the woman was seated at a table next to Mr Foxx.

The actor appeared intoxicated and agreed to a photo, saying, “sure, baby, anything for you”, the lawsuit says.

It adds that he told the woman she had a “supermodel body” and smelled “so good”.

He led her to a secluded part of the restaurant and touched her breasts and put his hands in her underwear without her consent, the lawsuit says, adding that the incident ended when her friend came looking for her.

The lawsuit is also seeking damages from the restaurant and bar owner Mark Birnbaum, who the accuser says was seated with Mr Foxx shortly before the alleged assault occurred.

The legal action says Mr Birnbaum and the restaurant’s employees breached their duty of care towards the plaintiff by failing to protect her.

Mr Birnbaum did not immediately respond to a request for comment from the BBC on Wednesday night.

The lawsuit adds that as a result of the “heinous acts” the woman “suffered and continues to suffer severe emotional distress and anxiety, humiliation, embarrassment, post-traumatic stress disorder and other physical and emotional damages”.

The legal action comes days before the New York Adult Survivors Act – which allows alleged victims of sex crimes to sue after the statute of limitations has lapsed – ends on 24 November.

Former US President Donald Trump, rapper Sean Combs, comedian Bill Cosby, actor Cuba Gooding Jr and Russell Brand have all been sued under the act.

Mr Foxx won a Best Actor Academy Award for his performance as pianist Ray Charles in 2004 film Ray.

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