Jamie Foxx demanded the lawsuit brought by his sexual assault accuser over an alleged incident at a NYC rooftop be thrown out of court, In Touch can exclusively reveal.

According to court documents obtained by In Touch, Jamie, 56, argued any conduct he engaged in with the accuser, who sued using the pseudonym Jane Doe, was consensual.

His lawyer argued, “To the extent [Jamie] engaged in any conduct as alleged in [Doe’s] [lawsuit], [Doe] consented to those acts.” Jamie’s lawyer added that “to the extent [Jamie] engaged in any conduct as alleged” in the lawsuit “such conduct presented no serious risk of physical injury to [Doe].”

In addition, Jamie claimed the woman brought a nearly identical lawsuit in 2020 that was dismissed.

Jamie Foxx Calls Out Sexual Assault Accuser For Bringing 2nd Lawsuit, Denies Claims
Axelle/Bauer-Griffin/FilmMagic

He said that if Doe suffered any injury, it was not caused by his him. His lawyer added, “[Doe] waived the right to pursue her claims by reason of her own actions and course of conduct.”

Jamie asked that the entire lawsuit be dismissed, and he be awarded costs.

In her lawsuit, Doe claimed she met Jamie at Catch NYC & Roof in August 2015. The accuser said her friend asked the entertainer if he would take a photo with Doe. Doe said she believed Jamie was intoxicated at the time.

She said he told her, “Wow, you have a supermodel body,” and “You smell so good.” In the complaint, Doe said Jamie took her to a private area of the club’s rooftop. She alleged that he put his hands on her waist and under her clothes. The woman said he moved his hands towards her breasts and then stuck his fingers into her vagina and anus. Doe said Jamie stopped when her friend came around the corner. The lawsuit demanded unspecified damages for the alleged pain, suffering and emotional distress caused by Jamie.

After the lawsuit was filed, Jamie denied the claims via a statement from his rep.

The spokesperson 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.”

As part of the lawsuit, Doe pleaded with the court to keep her name hidden from the public.

Jamie Foxx Calls Out Sexual Assault Accuser For Bringing 2nd Lawsuit, Denies Claims
Amy Sussman/Getty Images

In a declaration submitted in the case, Doe said “I was sexually assaulted as indicated in the complaint and as a result, I suffered psychological and emotional injuries. I do not desire to publicly disclose my identity as a victim of sexual assault because this matter is highly sensitive, and I have already experienced significant shock, shame, and embarrassment for my disclosure due to the prominence and celebrity status of the defendants.”

“This case has already been on every major news outlet and has caused me to fear for my safety given the fame of Defendant,” Doe said. “It is very difficult for me to come forward and talk about the events that occurred. The sexual assault I suffered has caused my depression, anxiety, lack of sleep, distress, and I am fearful that a public disclose will cause further emotional trauma,” the declaration continued.

“I do not want to bear the stigma that is associated with being a sexual assault victim,” she ended.

A judge has yet to rule on the matter.