A representative for Jamie Foxx has responded to the sexual assault lawsuit filed against the actor, telling PEOPLE that the alleged August 2015 incident “never happened.”

As previously reported by Face2Face Africa, the alleged victim, named Jane Doe in the lawsuit, claimed Foxx sexually assaulted her during an encounter at a popular New York City restaurant.

“In 2020, this individual filed a nearly identical lawsuit in Brooklyn. That case was dismissed shortly thereafter,” the spokesperson said. “The claims are no more viable today than they were then. We are confident they will be dismissed again.”

“And once they are, Mr. Foxx intends to pursue a claim for malicious prosecution against this person and her attorneys for re-filing this frivolous action,” the spokesperson added.

In the lawsuit that was filed in the New York Supreme Court, the plaintiff claimed the incident happened at Catch NYC. The alleged victim claimed she saw Foxx and Catch Hospitality Group co-founder Mark Birnbaum having drinks when she went to the establishment. The alleged victim claimed that she later made her way to the Django Unchained actor’s table with a friend and asked for a picture. The plaintiff claimed Foxx obliged and went ahead to take “several photographs”, adding that the actor “seemed intoxicated.”

She also alleged Foxx told her, “Wow, you have that super model body”, “You smell so good” and “You look like Nickie.” She claimed she asked the 55-year-old actor who “Nickie” was, and he responded by saying, “Gabrielle Union.” She alleged Foxx subsequently grabbed her arm and took her to a secluded area.

After they got there, Doe claimed Foxx “placed both of his hands on her waist, moved them under her ‘crop top’ and began rubbing her breasts.” She claimed she tried to move away and saw a security guard “some distance away who saw what was happening but walked further away.” She also claimed the Law Abiding Citizen actor then placed his hands into her pants and inserted his fingers in her vagina and anus, PEOPLE reported.

The plaintiff claimed Foxx stopped what he was doing after he noticed her friend had come around. The woman claimed the incident resulted in her suffering an injury, adding that she was “rendered sick, sore, lame and disabled; [and] was caused to undergo medical treatment and advice.”

She also claimed she “was unable to pursue her usual and regular activities; was caused to undergo great conscious pain and suffering, continues to undergo such, and will permanently be affected by the injuries and emotional distress she incurred as a result of the sexual assault, abuse, assault and battery.” She further alleged that she “has suffered and continues to suffer physical and emotional injuries, anxiety, distress, embarrassment and economic harm.”

The plaintiff is seeking an unspecified amount plus damages for pain and suffering, and economic loss. Doe filed the lawsuit under New York’s Adult Survivors Act – a law that took effect in November 2022. The law grants a “one-year lookback window for survivors of sexual assault that occurred when they were over the age of 18 to sue their abusers regardless of when the abuse occurred.” The last day for alleged victims to file lawsuits under the act was Thursday, November 23.

Foxx’s recent legal case comes after Sean “Diddy” Combs’ ex-girlfriend Cassie also filed a sexual abuse lawsuit against the music mogul. Cassie, whose real name is Casandra Ventura, claimed that for about 10 years, Diddy subjected her to sex trafficking as well as physical and sexual assault. The two entertainers, however, announced they had settled the lawsuit a day after it was filed in New York.