Tommy Lee scored a win in court when a judge dismissed the sexual assault lawsuit he's facing on Monday, May 7, but the legal saga is far from over.
The Mötley Crüe drummer is accused of sexually assaulting the woman inside the cockpit of a helicopter in 2003.
The anonymous plaintiff has been given an opportunity to refile the lawsuit with new evidence.
Lee's anonymous accuser has been given 20 days to amend their complaint, Rolling Stone reported. The suit will only survive if the plaintiff can produce new evidence that shows there was a "concerted effort" to cover up Lee's alleged misconduct.
A judge threw out the original suit because the suit because it couldn't be revived under California's Sexual Abuse and Cover Up Accountability Act. Like New York's Adult Survivors Act, the bill temporarily lifted the statute of limitations so decades-old allegations could be litigated.
The 2023 law also requires plaintiffs to prove that a "legal entity" worked to cover up evidence of a sexual assault.
Lee's lawyer A. Sasha Frid argued that a coverup was impossible since overtly sexual behavior was such an important part of the drummer's public image at the time.
"That would obviate any ability for a coverup," she said. "You can’t have a coverup when the plaintiff alleges that this alleged 'salacious' conduct was known to everybody."
There are also questions about whether Lee had a legal entity working on his behalf at the time.
His attorneys have argued that the rock star's company Mayhem Touring Inc. was suspended in 2002.
The plaintiff countered that the company was only delinquent and not suspended at the time, which would make it an operable entity.
"We applaud the court’s decision," Frid said in a statement to Rolling Stone. "The court got it right in finding that the plaintiff cannot assert a claim against Tommy Lee. From the outset, Mr. Lee has vehemently denied these false and bogus accusations."
The alleged sexual misconduct happened on a helicopter in 2003.
The lawsuit alleges that the drummer and pilot David Martz lured her onto the helicopter under the guise of a sightseeing trip.
The plaintiff claims Lee showed up for the flight unexpectedly and began forcibly kissing and groping her during the 40-minute trip from San Diego County to Van Nuys.
"At one point, Lee penetrated plaintiff with his fingers while fondling her breasts," the suit says.
"Lee then pulled down his pants and attempted to force plaintiff’s head toward his genitals. By this point, plaintiff was in tears, but she had nowhere to go — she was trapped with little mobility to leave the cockpit."
The plaintiff claims that Martz (who died in 2015) "merely watched" while the alleged assault happened. She also alleged that Martz and Lee had a history of engaging in similar conduct on the pilot's helicopter.
The woman said she didn't report the alleged assault because she didn't think police would believe her.
Mötley Crüe played a "secret" club show at New York City's Bowery Ballroom on the night of Monday, May 6.
This came after the hair metal band played two shows in Atlantic City, New Jersey on Friday, May 3 and Saturday, May 4.
The band also released a new single called "Dogs of War" on Friday, April 26.
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