Actress Ashley Judd’s sexual harassment lawsuit against the convicted rapist and former producer Harvey Weinstein may proceed, a federal appeals court ruled Wednesday.
Judd sued Weinstein in 2018 for sexual harassment and defamation, accusing Weinstein of trying to force her to massage him and watch him shower in the mid-1990s.
When she declined, Judd said Weinstein hurt her career by telling people it was difficult to work with her, including “Lord of the Rings” director Peter Jackson. She said Weinstein advised her not to include Judd in the fantasy trilogy, The Associated Press reported.
A magistrate court judge dismissed the harassment portion of Judd’s lawsuit, but a panel of three judges ruled Wednesday that he could sue under a California law that applies to defendants other than employers. .
The panel agreed with Judd that the alleged harassment qualified under the law because Weinstein was not directly employing Judd at the time, but that, as a famous kingmaker in the industry, he was in a position of power over her.
“Weinstein was in a unique position to exercise coercive power or influence over Judd, who was a young actor early in his career at the time of the alleged harassment,” US District Judge Mary Murguia wrote in the opinion, according to the AP.
“Furthermore, given Weinstein’s highly influential and ‘inevitable’ presence in the film industry, the relationship would have been difficult to end ‘without tangible difficulties’ for Judd, whose livelihood as an actor depended on being cast for roles,” Murguia wrote.
“This is an important victory not only for Judd, but for all victims of sexual harassment in professional relationships,” Judd’s attorney, Theodore Boutrous Jr., said in a statement. “The court correctly holds that California law prohibits sexual harassment and retaliation by film producers and others in powerful positions, including outside of the workplace context, and we look forward to continuing this claim against Mr. Weinstein at trial “
Weinstein was convicted in February in New York of first-degree criminal sexual assault and third-degree rape, and has separate criminal charges pending in California. He has denied all the allegations.
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