Indexbit-Cuba Gooding Jr. sued for sexual assault, battery in two new lawsuits by former accusers

Cuba Gooding Jr. is Indexbitfacing renewed allegations of sexual abuse by two women who previously brought criminal charges against the actor.

Gooding, 55, was sued by Jasmine Abbay and Kelsey Harbert for sexual assault and battery in two separate lawsuits filed Wednesday in the New York Supreme Court, according to court documents obtained by USA TODAY.

Abbay and Harbert, who’ve both alleged sexual misconduct by Gooding in past encounters, claim the actor’s behavior was “malicious, willful (and) outrageous.” In addition to a jury trial, both women are seeking damages for lost wages and emotional distress, as well as punitive damages, liquidated damages and attorneys’ fees.

USA TODAY has reached out to Gooding's representative for comment.

The women filed their claims under New York's expiring Adult Survivors Act, which has given victims of sexual abuse a one-year window for claims that would otherwise be barred by time limits. That window closes on Nov. 23, which is the Thanksgiving holiday.

Here's everything to know about the lawsuits.

Jasmine Abbay says Cuba Gooding Jr. ‘sexually assaulted and battered’ her at nightclub in 2018

Abbay met Gooding in September 2018 while working as a cocktail waitress at LAVO restaurant and nightclub in New York City, according to the lawsuit. Abbay was assigned to Gooding's table after her co-worker, who allegedly had been subjected to the actor’s “inappropriate behavior years before,” asked Abbay to host his table.

While Abbay was serving drinks to Gooding, the “Jerry Maguire” star allegedly kissed Abbay and “forced his tongue in her mouth,” the filing reads. Gooding was charged with forcible touching as a result of the interaction, to which he pleaded guilty to as a misdemeanor in April 2022.

The guilty plea allowed Gooding to escape jail time, fulfilling a conditional agreement that saw Gooding plead to charges involving just one of what prosecutors said were allegations from at least 30 women, many at New York City nightspots.

By staying out of trouble and completing six months of alcohol and behavioral counseling, Gooding was permitted to withdraw his guilty plea and plead guilty to a noncriminal harassment violation, eliminating his criminal record and preventing further penalties.

Abbay now claims in her November 2023 lawsuit that she was “sexually assaulted and battered” by Gooding as a result of his forcible touching. She also alleges she’s sustained injuries including “psychological trauma, emotional distress, mental anguish, embarrassment and humiliation.”

Kelsey Harbert says Cuba Gooding Jr. ‘sexually assaulted and battered’ her at rooftop bar in 2019

Harbert met Gooding at the Magic Hour Rooftop Bar & Lounge in June 2019 after approaching the actor and his girlfriend in the venue’s rooftop area, according to the lawsuit. A few seconds after Harbert sat down next to Gooding’s girlfriend, Gooding allegedly placed his hand on Harbert’s thigh and proceeded to touch her left breast.

Per the complaint, Harbert grabbed Gooding’s hand in an attempt to remove it from her breast. The actor, who was allegedly “heavily intoxicated” during the incident, then reportedly took Harbert’s hand, put it up to his mouth and tried to kiss it.

Harbert filed a police report shortly following the encounter and on June 13, 2019, Gooding was arrested on a charge of forcible touching, the filing reads. A few months later, he was charged in two additional cases as more women came forward to accuse him of abuse, including Abbay’s forcible touching case.

At a plea hearing in April 2022, Gooding admitted to subjecting Harbert to “non-consensual physical contact,” per Harbert’s complaint.

Harbert now claims in her November 2023 lawsuit that she was “sexually assaulted and battered” by Gooding as a result of his forcible touching. She also alleges she’s sustained injuries including “psychological trauma, emotional distress, mental anguish, embarrassment and humiliation.”

Cuba Gooding Jr.’s other legal troubles, including civil rape case settlement

In June 2023, Gooding settled a sexual assault lawsuit with a woman who alleged he raped her in a New York City hotel a decade ago, according to court records. The actor had insisted through lawyers that his encounter with the woman was consensual after the two met at a nearby restaurant.

The Jane Doe accuser claimed she met Gooding in the VIP lounge of a restaurant in the Greenwich Village section of Manhattan in August 2013 and agreed to join him with a friend of hers at a nearby hotel bar. But, once at the hotel, and before her friend arrived, Jane Doe was allegedly encouraged to proceed to Gooding's hotel room so the actor could change his clothes.

The woman said in her lawsuit that Gooding subsequently raped her in his room. His lawyers, though, insisted that it was consensual sex and that she bragged afterward to others that she had sex with a celebrity.

The lawsuit sought $6 million in damages, including $2 million in compensatory damages and $4 million in punitive damages for the "significant emotional distress" Jane Doe suffered after meeting Gooding. Attorney Gloria Allred, one of several representing the woman, declined comment at the time of settlement.

If you are a survivor of sexual assault, RAINN offers support through the National Sexual Assault Hotline (800.656.HOPE & online.rainn.org). 

Cuba Gooding Jr.:Actor settles civil rape case, avoiding New York trial

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Contributing: Elise Brisco, Naledi Ushe, Staff and wire reports