Hollywood star Jamie Foxx is “confident” a sexual assault lawsuit against him will be dropped, his spokesperson says.

The Oscar winner, 55, intends to file a malicious prosecution lawsuit against the woman and her lawyers who have made the claims after a “nearly identical” lawsuit was dismissed in Brooklyn in 2020.

It comes after a lawsuit was filed at the New York Supreme Court, alleging in the summer of 2015 Foxx grabbed a woman by the arm and pulled her to the “secluded” back of the rooftop where there was “heinous touching and sexual assault”.

“The alleged incident never happened,” a spokesperson for Foxx said on Thursday.

“In 2020, this individual filed a nearly identical lawsuit in Brooklyn. That case was dismissed shortly thereafter.

“The claims are no more viable today than they were then. We are confident they will be dismissed again.

“And once they are, Mr Foxx intends to pursue a claim for malicious prosecution against this person and her attorneys for refiling this frivolous action.”

The lawsuit claims the woman suffered “severe emotional distress and anxiety” as well as post-traumatic stress disorder after the alleged incident at Catch NYC and rooftop eight years ago.

It alleges that Foxx – real name Eric Bishop – was “operating through his position as a well-known celebrity”.

The woman, identified only as Jane Doe in court documents, is also suing the rooftop bar and its owner Mark Birnbaum, alleging they were “negligent” and “failed to use reasonable care to prevent the acts described” in the lawsuit.

It comes as the New York Adult Survivors Act expired on Thursday.

It was a law passed last year which allows a temporary window for those who allege sexual assault to file past the state’s normal deadlines.

– AAP