Sexual assault lawsuit against Danny Elfman has been dismissed

A sexual assault lawsuit filed against Danny Elfman by an anonymous woman has been dismissed, according to Rolling Stone. “Jane Doe” accused Elfman of grooming and abuse between 1997 and 2002 when she was in her twenties and Elfman was twice her age; her lawsuit alleged that he frequently exposed himself to her and masturbated next to her while she was asleep and could not consent. A judge found that the lawsuit “failed” to establish the elements of sexual assault required by the revival statute she cited, per the outlet. 

Elfman has denied the claims in the lawsuit under oath, and because Doe was asleep at the time the judge found “no triable issue of fact” since she didn’t witness the act herself. “Plaintiff has provided only speculative statements that it is possible she could have been sexually assaulted,” the judgment reads. “The court must presume that Elfman will testify at his deposition to the same facts set forth in his declaration. … There is no basis to conclude that additional discovery in the form of Elfman’s deposition would help plaintiff to create a triable issue.” The lawsuits claims of “gender violence, intentional infliction of emotional distress, sexual harassment and negligence” were deemed too old to pursue. 

“We are disappointed but not shocked that the court found that the law does not permit her case to proceed. It doesn’t change the fact Jane Doe exposed a serious danger: a well-regarded celebrity who used his position and his power for his pernicious pleasure,” Doe’s lawyer, Jeff Anderson, said in a statement (via RS). Because Doe was asleep, “we could not plead the case that met the legal requirements to proceed,” he said. “It doesn’t change the fact that he manipulated and used his position over Jane Doe and at least one other survivor. This is still a testament to Jane Doe’s courage to expose a real peril in the entertainment industry.”

Elfman previously faced a lawsuit with similar claims made by fellow composer Nomi Abadi. Abadi settled with Elfman out of court, but later sued Elfman for breach of contract regarding the terms of their settlement. She separately sued the Oingo Boingo frontman earlier this year for defamation in regards to comments he made to Rolling Stone about her accusations. That suit is still pending. 

Meanwhile, Elfman’s attorney Camille Vasquez (known now for representing Johnny Depp in his trial against ex-wife Amber Heard), responded to the news of Jane Doe’s suit with a statement saying that “the Court’s dismissal of this case confirms what we have said all along—that these claims are meritless.” Elfman’s work can most recently be heard in Tim Burton’s Beetlejuice Beetlejuice.