Judge Dismisses Sexual Assault Lawsuit Against Tommy Lee, Plaintiff Given Opportunity to Amend Complaint

Judge Dismisses Sexual Assault Lawsuit Against Tommy Lee, Plaintiff Given Opportunity to Amend Complaint

A California judge has dismissed a sexual assault lawsuit against musician Tommy Lee, but has given the plaintiff, known as Jane Doe, an opportunity to amend her complaint within 20 days. The judge ruled that the lawsuit could only proceed if new alleged facts were presented, demonstrating a “concerted effort” to conceal evidence of the alleged sexual assault that took place in a helicopter cockpit in 2003.

The judge’s decision came after Tommy Lee’s lawyer argued that the claims, which date back several decades, did not meet the requirements for revival under the Sexual Abuse and Cover Up Accountability Act. This law necessitates plaintiffs to show that a “legal entity” participated in a cooperative effort to hide evidence of their sexual assault. The one-year “lookback window” for filing claims under this law closed on December 31, 2023.

During the court proceedings, Lee’s lawyer pointed out that Jane Doe had mentioned in her initial complaint that Lee was already famous for his “salacious and hedonistic conduct” at the time of the alleged incident. This, according to Lee’s lawyer, would negate any possibility of a cover-up. The judge acknowledged this argument but granted Jane Doe the opportunity to amend her complaint.

In her ruling, the judge stated that Jane Doe had failed to provide sufficient facts to support the requirement of a cover-up. She also questioned whether the plaintiff would be able to demonstrate that a legal entity had covered up Lee’s actions in 2003. Lee claims that his company, Mayhem Touring Inc., was suspended in February 2002, while the plaintiff argues that it was merely delinquent and still operational at the time of the incident.

The judge provisionally dismissed all four causes of action in the lawsuit, including sexual assault, gender violence, intentional infliction of emotional distress, and negligence. However, she stated that if the amended complaint fails to address the outlined defects, the court may sustain a demurrer without leave to amend.

Tommy Lee’s lawyer, A. Sasha Frid, applauded the court’s decision, reiterating Lee’s denial of the allegations and calling them false and bogus.

In her lawsuit, Jane Doe alleges that she was lured onto a helicopter by pilot David Martz in 2003 under the pretense of a sightseeing trip. She claims that Lee assaulted her during the flight, forcibly kissing and groping her. The plaintiff further alleges that Lee penetrated her with his fingers and attempted to force her head towards his genitals. She states that Martz, the pilot, watched the assault without intervening.

The plaintiff asserts that the incident caused her significant distress and chose not to report it initially, believing it to be an isolated event. However, she now believes that Martz and Lee had a history of engaging in indecent and illegal conduct on Martz’s helicopter.

The lawsuit names Mayhem Touring, Tommy Lee Inc., A Natural High Helicopters, and Social Helicopters as defendants. A Natural High Helicopters was later dismissed as a defendant.

Jane Doe’s lawyers argue that Lee was acting in a professional capacity on the day of the alleged assault and may have been operating under a professional corporation such as Mayhem Touring. They plan to address this in the amended complaint.

CrimeDoor
Author: CrimeDoor

2 Responses

  1. Did you know that according to the Rape, Abuse & Incest National Network (RAINN), out of every 1,000 sexual assault cases, only about 230 are reported to the police? This statistic highlights the significant underreporting of sexual assault cases and the challenges victims face in seeking justice.

  2. This is absolutely disgusting! It’s infuriating to see yet another sexual assault lawsuit being dismissed. It’s disheartening to witness the justice system failing survivors time and time again. How can we expect victims to come forward and seek justice when their claims are constantly brushed aside? It’s a slap in the face to all survivors who muster up the courage to speak out against their abusers. This decision only perpetuates a culture that protects perpetrators and silences victims. It’s high time we start taking

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