Last week, this blog spotlighted a sexual abuse lawsuit that a former New York City fashion model filed in March. The suit, filed under the Victims of Gender-Motivated Violence Protection Law, accused a renowned photographer of forcibly digitally penetrating her during a photo shoot in 2002. Unfortunately, as court dockets and news reports reveal, her experience is far from unique. Regrettably, the fashion industry has a dark side filled with numerous predators who use their positions of power and influence to manipulate and control victims who are often in positions of physical, emotional, or economic vulnerability. Victims are often reluctant to report, but the law potentially offers various means for seeking justice. An experienced New York City sexual abuse lawyer can discuss those options and help you as you select a path forward.
Successful photographers and others may have vast control over an aspiring model’s future. One phone call (or series of calls) may permanently slap the dreaded “difficult to work with” label on a model and effectively end her career, as the model who sued in March alleged. Failure to comply with all of an agency or photographer’s demands could mean losing a shoot or being dropped from an agency, and those could lead to negative impacts like homelessness, deportation, and more.
Drugs, Alcohol, and Predatory Photographers
Other times, acquiescing can doom a career. According to a former model from Spain, that’s what she endured. The model sued last fall, alleging that an extremely famous fashion and portrait photographer (who had shot for Rolling Stone, GQ, Vogue, Vanity Fair, and Harper's Bazaar, among others) violated her during a shoot. The model said the photographer plied her with “an intoxicating or narcotic substance,” and then joined her on the set, where he sexually assaulted her as his employees photographed them.
According to the lawsuit, she was forced to perform oral sex on the photographer during both days of the two-day shoot and some of those images appeared in an exhibition and the photographer’s 2006 book. The model alleged that the published photos permanently damaged her career, and her agency eventually stopped booking her.
Also last fall, a former New York model turned Hollywood actress turned college professor/social worker made abuse allegations against a different photographer. In 2008, the photographer, famous for his work with Calvin Klein, Donna Karan, J Crew, and Victoria’s Secret, allegedly served the then-teenage model alcohol and cocaine, then raped her while a video camera filmed the activity.
Both models filed during the New York Adult Survivors Act’s 12-month lookback window, which ran from Nov. 24, 2022, to Nov. 23, 2023. During that period, survivors could sue regardless of how long ago the abuse happened.
While most fashion industry abuse survivors are women, not all are. Last fall, a male model sued well-known brand Abercrombie & Fitch, as well as its CEO, for sexual abuse. The complaint alleged that talent scouts would send aspiring models to a “casting” appointment at the CEO’s home (as well as other locations in New York, Europe, and Africa,) where the CEO and other men would sexually abuse them.
The ASA’s lookback window has expired. However, survivors of abuse that happened years ago may still have options in New York City. Survivors potentially may pursue a claim under the GMVL. The GMVL’s lookback period which, like the ASA’s period, allows victims to pursue justice no matter how long ago the abuse happened, is ongoing but runs out on Feb. 28, 2025.
Underage Victims
Of course, many models start before they turn 18. For victims who were 17, 16, or younger, there’s the New York Child Victims Act, which covers the sexual abuse and victimization of minors.
In 2019, a “Jane Doe” plaintiff and former model used that law to sue the famed Wilhelmina modeling agency for failing to protect her from abuse. Allegedly, the girl was under 18 when she attended a shoot where the photographer touched her “breast and buttocks.” The agency, according to the complaint, had promised the girl’s parents that the girl would be chaperoned and “kept safe,” but actually housed her with “six other underage girls” and no chaperone, and maintained a “culture of compliance with the sexually predatory behavior of photographers.”
Earlier this year, the Appellate Division issued a ruling in the Wilhelmina case reinstating several of the model’s claims against the agency. That ruling will likely aid future victims who assert CVA claims as they fight to defeat defense motions seeking to get their cases thrown out before trial.
The New York sexual abuse attorneys at Phillips & Associates are here to help people who have suffered sexual assault while working in the fashion and modeling industries. Ours is one of the largest employee-focused firms. We're dedicated to seeking justice for fashion workers abused while simply trying to pursue and advance their professional dreams and aspirations. To get us started fighting for you, contact us online or at (833) 529-3476 to set up a free and confidential consultation.