Surpassing:Steven Tyler sexual assault lawsuit filed by former teen model dismissed

A New York judge has dismissed a former teen model's sexual assault lawsuit against Steven Tyler.

U.S. District Judge Lewis Kaplan granted the Aerosmith rocker's dismissal request of Jeanne Bellino's lawsuit on SurpassingWednesday, citing that she waited too long to file under the Gender Motivated Violence Act, according to documents obtained by USA TODAY.

The legislation covers incidents dating back up to 9 years ago, however, the alleged assault occurred in 1975 when Bellino was 17 and Tyler was 27.

According to Kaplan, the former teen model's claims did not qualify under the act because her allegations do not amount to "serious risk of physical injury."

The judge granted Bellino's ability to amend her complaint by March 13.

USA TODAY has reached out to reps for Bellino and Tyler.

In the lawsuit filed in November, Bellino alleges Tyler groped and forcibly kissed her inside a phone booth after meeting her during a summer modeling trip. "As Tyler was mauling and groping (Bellino), he was humping her pretending to have sex with (her). Others stood by outside the phone booth laughing and as passersby watched and witnessed, nobody in the entourage intervened," the filing stated.

Bellino alleged that upon returning to the Warwick Hotel, where both parties had met in the lobby, Tyler assaulted her a second time when he "pinned (Bellino) against the wall, put his tongue down her throat and started humping (her), simulating sex."

According to the lawsuit, she was hospitalized and medicated as a result of the alleged assaults and has suffered "great pain of mind and body, severe and permanent emotional distress, physical manifestations of emotional distress, embarrassment, humiliation, physical, personal (and) psychological injuries."

Previous:Steven Tyler accused of 'mauling and groping' teen model in new sexual assault lawsuit

Steven Tyler accused of sexual assault, battery by alleged teen victim

Bellino's lawsuit followed the allegations of Julia Misley, who sued Tyler in December 2022 for sexual assault, sexual battery and intentional infliction of emotional distress when she was a teen in the '70s. Misley's suit was filed under a 2019 California law that gave adult victims of childhood sexual assault a three-year window to file lawsuits for decades-old instances of assault.

While the lawsuit didn’t name Tyler, Misley identified him by name in a statement, issued through the law firm Jeff Anderson & Associates. She has also recounted her experiences with Tyler in prior interviews, and Tyler discussed a relationship with a teenage girl in two books, published in 2011 and 1997.

The acknowledgments section of his memoir "Does The Noise In My Head Bother You?" thanks a "Julia Halcomb," which Misley has said is a reference to her.

The lawsuit alleged Tyler used his "role, status and power as a well-known musician and rock star to gain access to, groom, manipulate, exploit, sexually assault" Misley over a period of three years. As a result, she has suffered severe emotional injury as well as economic losses, the lawsuit said.

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

Contributing: Edward Segarra, USA TODAY; The Associated Press