“Motley Crue’s Tommy Lee Wins First Sexual Assault Verdict”

Motley Crue drummer Tommy Lee entered a verdict Monday in a sexual assault lawsuit filed by an accuser last December, but the case may not be over yet. A California judge dismissed the lawsuit against Lee over an alleged attack on the plaintiff in a helicopter in 2003, but gave the plaintiff time to amend the lawsuit after determining that the original lawsuit did not comply with the legal documents required it was submitted.

The original complaint was filed under the Sexual Abuse and Cover Up Accountability Act. However, documents filed under the law must show that some type of “legal entity” was involved in a concerted effort to conceal evidence of the sexual assault.

According to Rolling Stone, Lee’s lawyers argued that the plaintiff, who goes by the pseudonym Jane Doe, wrote in her complaint that the Motley Crue drummer was already famous for his “lewd and hedonistic behavior” at the time of the alleged assault.

“That would eliminate any possibility of a cover-up. “You can’t gloss over it when the plaintiff claims that this alleged “lewd” behavior was known to everyone,” said Lee’s attorney, A. Sasha Frid.

“The court had its own questions about this,” Los Angeles County Superior Court Judge Holly J. Fujie responded. “However, this is officially our first look at the brief and we will almost always allow an opportunity to amend.”

What is the accusation against Tommy Lee?

The plaintiff claimed in her first lawsuit that she was lured on a helicopter “sightseeing tour” in 2003 by pilot David Martz. She claims it was a surprise that Martz brought along another guest, who turned out to be Tommy Lee.

(Warning: Sexual content ahead) According to the Jane Doe plaintiff, she was then forcibly kissed and groped by the musician during a 40-minute helicopter flight from San Diego County to Van Nuys, California.

She claims the musician penetrated her with his fingers and pulled down his pants to expose his genitals. “At this point, the plaintiff was crying, but she had nowhere to go – she was trapped and could barely leave the cockpit,” the plaintiff added in her lawsuit, according to Rolling Stone.

Meanwhile, she claimed in her filing that Martz, the pilot, “just observed” the attack but didn’t say anything to her on the trip back to San Diego County after they dropped Lee off in Van Nuys.

The case continues?

By dismissing the case, the court gave the plaintiff the opportunity to amend her complaint. However, the case will only proceed under the Sexual Abuse and Cover Up Accountability Act if there are new alleged facts showing that a “concerted effort” was made to cover up Lee’s alleged assault. The plaintiff has 20 days to file the amended complaint.

Accordingly Rolling StoneIn her written ruling, the judge noted that the plaintiff “failed to allege facts supporting the ‘cover-up’ requirement.” The judge also questioned whether the plaintiff could prove that a legal entity an was involved in a cover-up as both sides disputed whether Lee’s Mayhem Touring Inc. was suspended or still operational at the time of the alleged attack.

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“We welcome the court’s decision. The court was correct in finding that the plaintiff could not assert a claim against Tommy Lee. From the beginning, Mr. Lee has vehemently denied these false and false allegations,” Frid said in a statement Rolling Stone On Monday.