Judge dismisses lawsuit for nudity with minors in 1968’s ‘Romeo and Juliet’

Judge dismisses lawsuit for nudity with minors in 1968’s ‘Romeo and Juliet’




The sexual abuse and neglect lawsuit relating to the film “Romeo and Juliet” released 55 years ago, in 1968, will be dismissed. The decision was ruled by Judge Alison Mackenzie this Thursday (5/25). The justification was that the film distributed by Paramount is protected by the First Amendment of the United States Constitution, which guarantees freedom of expression.

In December last year, the stars of the film, Olivia Hussey and Leonard Whiting, who gave birth to the main couple, filed a lawsuit against the studio. They claimed they were forced by director Franco Zeffirelli to play a nude scene in the film. At the time of filming, Hussey was 16, while Whiting was 17.

In response, Paramount has requested that the lawsuit be dismissed under California’s anti-SLAPP law, which is intended to eliminate inconsistent prosecutions that limit freedom of expression. Pointing to the plaintiffs’ $100 million damages against Paramount, the judge said that Hussey and Whiting’s indictment contains a “gross mischaracterization” of what transpired. He also dismissed the actors’ argument that the nude scene could be considered “child pornography”.

“The appellants have not produced any evidence to show that the film in question can be considered sufficiently sexually suggestive to conclude that it is illegal,” the judge wrote. “The plaintiffs’ argument is limited to the selective interpretation of federal and state statutes, without providing any evidence as to the interpretation or application of those statutory provisions to valuable works of art, such as the acclaimed motion picture in question.”

Based on the justification for the amendment, the judge granted Paramount’s motion to dismiss the lawsuit, holding that the plaintiffs failed to comply with the provisions of a California law temporarily suspending statutes of limitations on child sexual abuse allegations .

“Defendant’s special motion to dismiss the plaintiffs’ entire claim … is ACCEPTED, as each purported cause of action derives from protected activity and the plaintiffs have failed to demonstrate a likelihood of success on the merits of such claims” , he has declared.

Solomon Gresen, an attorney representing Hussey and Whiting, said in an interview that he is consulting with appellate attorneys and intends to file a separate case in federal court. The actors plan to base the new process on a Blu-ray released by distributor Criterion in February, which includes a 4K digital restoration. “Children cannot consent to the use of these images,” Gresen defended. “They are taking advantage of these images without consent.”

In the film, the controversial scene shows the two actors in a bedroom, with an extended shot of Whiting’s buttocks and a brief glimpse of Hussey’s breasts as he rolls out of bed. Both testified in court on May 11, describing their experiences during the shooting.

According to Hussey, during the scene, Whiting “got back in bed, covered himself with the covers, lay on top of me, and we acted like we were having sex.” Whiting gave a similar account, stating that he “lay under the covers with author Hussey, he climbed on top of her and they acted like they were having sex.”

In response, Paramount’s attorneys called these testimonies “completely false and false testimony.” They stated that the film “depicts a completely different scene and sequence of events”.

Having previously faced allegations of sexual harassment and assault, director Franco Zeffirelli passed away in 2019, unable to respond to allegations from Hussey and Whiting. On the other hand, his son Pippo Zeffirelli commented on the case.

“It’s embarrassing to hear that today, 55 years after filming, two aging actors who essentially owe their notoriety to this film wake up to claim abuse that caused them years of anxiety and emotional distress,” he said in January 2023 .

Released in 1968, “Romeo and Juliet” received several nominations for renowned awards, including in the categories of Best Picture and Best Director at the Academy Awards, where the feature won the statuette for best cinematography and best costumes. At the Golden Globes, the award recognized Hussey and Whiting as breakout artists, with the feature film winning in the Best Foreign Language Film category.

Source: Terra

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