JAMIE FOXX ACCUSED IN 2002 PENIS SLAPPING INCIDENT … He Denies It and Will Fight Back Legally!!

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Jamie Foxx is being accused of slapping a woman with his penis nearly 16 years ago, and although she’s now gone to police … Foxx says it’s an “absurd” lie, and he’s going after her, legally … TMZ has learned.

The alleged assault happened in Las Vegas back in 2002. According to law enforcement, the accuser told cops last week she and a friend were attending a party at Jamie’s place when he tried to get her to perform oral sex. She claims when she refused, Jamie struck her in the face with his penis.

The accuser tells us … after the alleged assault, one of Jamie’s friends told her she had to get out of the house. She claims she went to a hospital the next day when she got back home to L.A. to get treatment for a severe panic attack.

Law enforcement sources tell us Vegas PD lists the case as an open investigation. However, the statute of limitations has long since run — it’s 3 years in Nevada.

Jamie’s attorney, Allison Hart of Lavely & Singer, tells TMZ … “Jamie emphatically denies that this incident ever occurred, and he will be filing a report with the Las Vegas Police Department against the woman for filing a false police report against him. The first time [Jamie] became aware of this woman’s absurd claims about an incident that supposedly occurred 16 years ago was when TMZ contacted his representatives [Tuesday] about this story.”

Hart adds, “The alleged incident was not reported to law enforcement in 2002, or at any other time in the last 16 years until last Friday because the incident never happened.”

The accuser says the #MeToo movement inspired her to finally file the police report. She also claims she wanted the alleged incident recorded in case other accusers come forward.

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He was cleared of a rape charge. He had to show the jury his penis first.

A Connecticut man accused of rape was acquitted this week after employing an unusual defense tactic: dropping his pants in court and showing his penis to the jury.

Defense attorney Todd Bussert said it was “the only real, viable option” in a case where a woman claimed she was raped in 2012 by a person she described as a black man whose penis was lighter than the rest of his body.

In 2014, the woman identified her rapist as Desmond James after seeing his picture in a news report. There was one major issue, according to Bussert: His client’s penis did not match the description the accuser provided.

During the trial, which started Monday in New Haven, Bussert said the defense had planned to use several photographs they had taken of James’s private parts to prove he wasn’t the suspect in question.

“Unfortunately, in one of [the photos], the flash had washed everything out,” Bussert told The Washington Post in a phone interview Saturday. “And given that the color was the issue, that became problematic.”

After disclosing this to the state, Bussert and his team discussed whether they should move forward by presenting all of the photos and explaining the color inconsistencies to the jury — or simply by showing the jury the evidence in the flesh, as it were.

They ultimately made a request to offer “non-testimonial evidence,” which was granted by Judge Elpedio Vitale, who stated it was James’s Sixth Amendment right to defend himself, Bussert said.

[Teen girl files claim against police who mistook her for a black male suspect and punched her]

The difficult part then was convincing their client to expose himself in court, he added.

“He was, I think, very uncomfortable with the whole idea,” Bussert said. “We explained to him why we thought it advanced the defense’s case. It was probably the strongest piece of evidence that we could offer. The whole claim was so specific and so unusual — there wasn’t a lot of ambiguity about it — we thought, well, if we can refute that, we can obviously persuade the jury.”

And so, on Wednesday, after the trial had resumed from a lunch break, Vitale gave a brief warning to the six-person jury, along with two alternates, that they were about to see “sensitive” evidence, Bussert said.

James “stepped up before the jury box and proceeded to unbutton his pants,” Bussert said. “The whole thing took three to five seconds. The court didn’t want to make it a huge thing. … It’s humiliating, ultimately.”

Somehow, court employees had caught wind of what was going to happen after lunch and packed the courtroom to watch, according to the New Haven Register, which first reported the story. The jurors reacted in various ways.

“One of the women looked away. One of the male alternate jurors looked as if he was trying not to have an outburst,” co-defense attorney Erica Barber told the newspaper. “I’m sure they were shocked but they did a good job of not showing it.”

[Brock Turner freed after serving half of his six-month jail sentence for sexual assault]

Prosecutor Stacey Miranda argued in court that James might have changed his pubic hair since 2012 or that the lighting could have caused the accuser to remember her assaulter’s penis differently during the time of the assault.

“You saw the defendant’s penis. What was that?!” Miranda told the jury, according to the New York Post. “It is six years later. Do we have any idea of what she may have been seeing that night? What his manscaping was like at the time? What light was shining on it?”

Despite the prosecution’s protests, the jury ruled James was not guilty on all three counts of first-degree sexual assault.

Bussert, who has practiced law for about 20 years, disputes that he advised his client to expose himself to sensationalize the case or the evidence.

“I can fairly say I never envisioned this scenario in my career where something like this would come up,” he said. “Here it just seemed like the only real viable option … If I felt I had [another] really clear unimpeachable option that would have established the same point, I would have pursued it.”

The jury’s decision does not mean Bussert’s client left the courtroom freely, though. James was convicted last year for home invasion and sexually assaulting a 10-year-old girl and is serving a 65-year sentence.

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