A federal judge in New York has dismissed a case stemming from an alleged 1975 incident in which Aerosmith singer Steven Tyler is accused of sexual assault against a teenage girl.
Jeanne Bellino filed the suit against Tyler under the Victims of Gender-Motivated Violence Protection Act, a New York City law that extends the statute of limitations and is designed to aid sex abuse victims in recovering compensation and holding perpetrators accountable. On Wednesday, U.S. District Judge Lewis Kaplan said that Bellino’s case did not qualify for the two-year window because she “does not allege conduct presenting a serious risk of physical injury” and therefore was not legally sufficient.
In granting the defense’s request for a dismissal, Kaplan noted that two state laws, the Child Victims Act and the Adult Survivors Act, pre-empt the filing under VGMVPA. Kaplan agreed with Tyler’s lawyers’ claims that these two laws “occupy the field regarding the revival of claims derived from state penal sexual assault law” and that the plaintiff showed a “lack of diligence” by not suing under the CVA.
It is unclear how the ruling by Kaplan may impact future cases brought in New York under the same statute.
“We agree with the judge’s reasoning, and are grateful for this result on behalf of our client,” Tyler’s attorney, David Long-Daniels, told Reuters. Calls placed by THR to another attorney representing Tyler on the case were not immediately returned.
Bellino’s lawyers responded to the decision in a statement explaining that Tyler’s lawyers had filed the motion for dismissal in early February, yet failed to serve it to Bellino. This is required by court rules so the plaintiff can file an opposition. Bellino will ask the Court to reinstate the lawsuit, the statement says.
Tyler has “vehemently” denied the allegations made by Bellino that she was assaulted by him after attending a fashion event in Manhattan in 1975. The 17-year-old says she had been introduced to members of Aerosmith by a friend when Tyler, then 27, forced her into a phone booth as the group walked down the street. Members of his entourage laughed, she said.
“He had me pinned against the phone … I was clearly struggling. Nobody said stop. He was humping me … while his friends were outside laughing,” Bellino claimed while sharing her memories of the alleged attack in a video posted to YouTube by her legal firm, Jeff Anderson & Associates.
Bellino told the court that as she was riding home with a friend, she remained with the group as they all went to the Warwick Hotel. There, Tyler pinned her against a wall and assaulted her a second time, she claims.
Bellino now reportedly has until March 13 to amend her complaint.
A federal judge in New York has dismissed a case stemming from an alleged 1975 incident in which Aerosmith singer Steven Tyler is accused of sexual assault against a teenage girl.
Jeanne Bellino filed the suit against Tyler under the Victims of Gender-Motivated Violence Protection Act, a New York City law that extends the statute of limitations and is designed to aid sex abuse victims in recovering compensation and holding perpetrators accountable. On Wednesday, U.S. District Judge Lewis Kaplan said that Bellino’s case did not qualify for the two-year window because she “does not allege conduct presenting a serious risk of physical injury” and therefore was not legally sufficient.
In granting the defense’s request for a dismissal, Kaplan noted that two state laws, the Child Victims Act and the Adult Survivors Act, pre-empt the filing under VGMVPA. Kaplan agreed with Tyler’s lawyers’ claims that these two laws “occupy the field regarding the revival of claims derived from state penal sexual assault law” and that the plaintiff showed a “lack of diligence” by not suing under the CVA.
It is unclear how the ruling by Kaplan may impact future cases brought in New York under the same statute.
“We agree with the judge’s reasoning, and are grateful for this result on behalf of our client,” Tyler’s attorney, David Long-Daniels, told Reuters. Calls placed by THR to another attorney representing Tyler on the case were not immediately returned.
Bellino’s lawyers responded to the decision in a statement explaining that Tyler’s lawyers had filed the motion for dismissal in early February, yet failed to serve it to Bellino. This is required by court rules so the plaintiff can file an opposition. Bellino will ask the Court to reinstate the lawsuit, the statement says.
Tyler has “vehemently” denied the allegations made by Bellino that she was assaulted by him after attending a fashion event in Manhattan in 1975. The 17-year-old says she had been introduced to members of Aerosmith by a friend when Tyler, then 27, forced her into a phone booth as the group walked down the street. Members of his entourage laughed, she said.
“He had me pinned against the phone … I was clearly struggling. Nobody said stop. He was humping me … while his friends were outside laughing,” Bellino claimed while sharing her memories of the alleged attack in a video posted to YouTube by her legal firm, Jeff Anderson & Associates.
Bellino told the court that as she was riding home with a friend, she remained with the group as they all went to the Warwick Hotel. There, Tyler pinned her against a wall and assaulted her a second time, she claims.
Bellino now reportedly has until March 13 to amend her complaint.