Steven Tyler.Photo:Theo Wargo/Getty
Theo Wargo/Getty
A lawsuit accusing Aerosmith’sSteven Tylerof sexually assaulting a teenage girl decades ago has been dismissed.
The judge ruled that the window only applies to cases where the abuser’s actions presented a “serious risk of physical injury” — and his alleged actions did not.
“The complaint in this case does not alleged conduct presenting a serious risk of physical injury and therefore fails to state a legally sufficient claim under the [statute],” the judge wrote.
Shortly after the judge’s decision, Bellino filed a response and claimed that she was not served with Tyler’s underlying motion, despite his claim that she was served electronically on Feb. 2.
For this reason, Bellino is requesting that the motion and order be “stricken.”
Tyler attorney David Long-Daniels tells PEOPLE, “We agree with the court’s reasoning and are grateful for this result for our client Steven Tyler.”
Bellinofiled the lawsuit in Novemberand claimed she suffered “physical, psychological and emotional injuries” after the musician groped, kissed and simulated sex without her consent.
“Jeanne is now 66 years old and suffered in silence and humiliated shame for so many years, and had the courage to now tell her story,” her attorney Jeff Anderson told PEOPLE at the time. “As horrific as it is, it’s powerful, and she wanted Latina women and girls to know they can stand up and speak out.”
Eventually, Bellino, who said she was around 17 years old at the time, and her friend met up with Tyler, then around 27, and his entourage, and the group walked together down 6th Avenue.
The complaint alleged that Tyler, now 75, “stuck his tongue down her throat” while “holding her captive” in the booth, and “put his hands upon her body, her breasts, her buttocks and her genitals, moving and removing clothing and pinning her against the wall of the phone booth.”
Bellino said she tried to fight back against the “much stronger” Tyler despite weighing just 115 lbs., and that she eventually freed her right arm and grabbed the back of his head, pulling on his hair and raising her knee. He allegedly stopped the encounter “suddenly” and left the phone booth.
Afterward, the complaint said a “dazed, confused and shocked” Bellino went with her friend back to the hotel because she had no way to get home. As the group entered the hotel through a bar entrance, Tyler allegedly pinned Bellino against the wall, “put his tongue down her throat and started humping [Bellino], simulating sex.
The complaint said that as a result of the incident, Bellino suffered “severe and permanent emotional distress, physical manifestations of emotional distress, embarrassment, humiliation, physical, personal and psychological injuries.”
In April, Tylerrequested the lawsuit be dismissed, alleging that Misley consented to their sexual relationship, and that he had immunity as her legal guardian at the time the events allegedly occurred (Her lawyer suggested Tyler was “gaslighting” her).
If you or someone you know has been sexually assaulted, please contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or go torainn.org.
source: people.com
