A sexual assault lawsuit filed against Steven Tyler has been dismissed, after a judge ruled the Aerosmith singer’s actions did not present “serious risk of physical injury” to the plaintiff.
The case stemmed from an incident in 1975. Model Jeanne Bellino, who was 17 at the time, claimed that Tyler “stuck his tongue down her throat, and put his hands upon her body, her breasts, her buttocks and her genitals” inside a New York phone booth. The Aerosmith singer allegedly rubbed his body on the girl and pretended to have sex with her while his bandmates and other members of their entourage watched and laughed. A second incident took place later that day in a hotel lobby, at which point Bellino hastily left.
Bellino claimed she suffered “great pain of mind and body” and “severe and permanent emotional distress” as a result of the incident. She brought the case forward in November as part of New York City’s Victim of Gender-Motivated Violence Protection Act, a law which extended the statute of limitations for certain alleged sexual assaults.
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However, U.S. District Judge Lewis Kaplan determined Bellino’s accusations did not qualify under the law because Tyler’s actions did not pose “serious risk of physical injury.”
Tyler’s lawyers had argued that Bellino could have brought her case forward earlier under two previous state laws, the Child Victims Act and Adult Survivors Act, both of whom’s windows to file claims had expired. They argued that not doing so showed a “lack of diligence” on the woman’s part. In dismissing the case, Judge Kaplan sided with the rock star’s lawyers.
In a statement to Bravewords, Tyler’s attorney said: “We agree with the judge’s reasoning, and are grateful for this result on behalf of our client.”
TMZ notes that Bellino has until March 13 to amend and resubmit her case.
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