A US judge dismissed a sexual assault lawsuit against Steven Tyler filed by Jeanne Bellino, who alleged she was abused twice by the Aerosmith frontman in Manhattan in 1975 when she was 17.
The judge ruled Bellino waited too long to sue, as she did not claim Tyler’s actions constituted a “serious risk of physical injury” allowing a two-year window to pursue past claims.
The judge also said the claim was preempted by statutes covering child and adult survivors.
Tyler’s lawyers argued Bellino demonstrated a “lack of diligence” by not filing under the Child Victims Act.
Following the decision, Tyler’s attorney said they agreed with the judge’s reasoning.
David Long-Daniels, a lawyer for Tyler, said, “We agree with the judge’s reasoning and are grateful for this result on behalf of our client.”
The lawsuit stated, “others stood outside the phone booth laughing, and as passersby watched and witnessed, nobody in the entourage intervened.”
Bellino alleged in her lawsuit that the incident caused her to “suffer great pain of mind and body, severe and permanent emotional distress, physical manifestations of emotional distress, embarrassment, humiliation, physical, personal & psychological injuries.”
Bellino now has until mid-March to amend her complaint.
The ruling could set a precedent for other cases brought under the same New York statute.