According to nme.com, a judge has given woman 20 days to file an amended complaint against Motley Crue’s Tommy Lee over an alleged sexual assault in a helicopter. The news follows after a woman, identified only as Jane Doe, allegedly claimed in a lawsuit last December that the Mötley Crüe drummer allegedly assaulted her back in 2003 by allegedly luring her to his personal helicopter.
In the filing, Doe claimed she went on a 40 minute trip from San Diego to Van Nuys with Lee’s personal helicopter pilot David Martz before Lee joined them when they landed. Doe went on to claim that the two men allegedly “consumed several alcoholic beverages, smoked marijuana, and snorted cocaine” before Lee “then proceeded to [allegedly] sexually assault [her] by [allegedly] forcibly groping, [allegedly] kissing, [allegedly] penetrating her with his fingers, and attempting to [allegedly] force her to perform oral copulation.”
As a result of the alleged assault, Doe claimed she had suffered alleged severe emotional, physical, and psychological distress and that she did not report the alleged incident because she believed it was an isolated event and that police would not take her seriously. As of yesterday, Los Angeles County Superior Court Judge Holly J. Fujie sided with Lee after the drummer’s lawyer argued that the claims did not qualify for revival under the law used when filing the original lawsuit.
The law, known as the Sexual Abuse and Cover Up Accountability Act, requires that plaintiffs show that some type of “legal entity” engaged in a cooperative effort to hide evidence of their alleged sexual assault. Lee’s lawyer A. Sasha Frid argued that Jane Doe allegedly wrote in her initial complaint that Lee was already famous for his “salacious and hedonistic conduct” at the time of the alleged helicopter attack: “That would obviate any ability for a coverup. You can’t have a coverup when the plaintiff alleges that this alleged ‘salacious’ conduct was known to everybody,”
Los Angeles County Superior Court Judge Holly J. Fujie provisionally dismissed all four causes of action in the lawsuit: alleged sexual assault, alleged gender violence, alleged intentional infliction of emotional distress and alleged negligence, which pends on the submission of a new complaint. The judge also said that the plaintiff “failed to assert facts to support the ‘coverup’ requirement.” The plaintiff is seeking an unspecified amount in damages.
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