In December, months after she settled her lawsuit against Shia LaBeouf, FKA twigs got an arbitration demand from the actor’s legal team. He claimed breach of contract and sought massive damages for what he considered a violation of the deal’s nondisclosure agreement over an interview in which she said, “I wouldn’t feel safe” with that chapter of her life behind her.
The arbitration was later dismissed, but the settlement stemming from the case and subsequent legal action is now the subject of a lawsuit from FKA twigs. She claims that LaBeouf is trying to illegally prohibit her from discussing issues of sexual violence and sharing any information about acts relating to her own experiences of alleged sexual abuse by the actor. FKA twigs, in the complaint filed on Wednesday in Los Angeles Superior Court, seeks a court order that would block LaBeouf from enforcing portions of the nondisclosure agreement, which she asserts violate California law.
FKA Twigs, whose real name is Tahliah Barnett, “files this action to right a wrong, and also on behalf of other women who are the victims of sexual and domestic violence who do not have the resources to speak out and defend themselves from predators,” writes Mathew Rosengart, a lawyer for the singer-songwriter, in the complaint. “In so doing, she seeks to ensure that survivors of sexual misconduct are not bullied or silenced like she was.”
In 2016, California barred terms in settlements that prevent the disclosure of factual information about sex offenses that could be prosecuted as felonies. Two years later in the wake of the #MeToo movement, lawmakers passed the STAND Act, which prohibits nondisclosure agreements in sexual assault, discrimination and sexual harassment cases that don’t rise to felony prosecutions. Its purpose is to deter secret settlements designed to keep sexual misconduct by wealthy and powerful people hidden.
But under the deal reached by Barnett and LaBeouf, the singer is restricted not only from disclosing information about the acts relating to her own experience of sexual abuse but also from discussing the issue in general terms. The lawsuit, which doesn’t seek damages and notes that the case is “about justice and law, not money,” claims those terms violate the STAND Act.
After Barnett received the arbitration demand in December, Rosengart argued that the nondisclosure provisions in the settlement are illegal, the lawsuit said. LaBeouf’s lawyer responded that the STAND Act doesn’t apply because Barnett only brought a claim for sexual battery and not sexual assault in her 2020 lawsuit, according to the complaint.
“LaBeouf’s preposterous argument should offend every citizen of California,” the lawsuit reads. “In addition to defying common sense, it is also legally-erroneous because assault is a precondition of battery.”
In February, LaBeouf agreed to drop the arbitration demand. The alleged violation of the settlement stems from a cover story of Barnett in The Hollywood Reporter. Asked whether she feels a sense of safety with the lawsuit behind her, Twigs answers, “No, I wouldn’t say I feel safe. I feel really passionate about being involved with organizations such as Sistah Space and No More, to help survivors in any way that I can. I think it’s less about me at this point and more about looking forward. Just, you know, moving on with my life.”
Last year, Barnett and LaBeouf reached a settlement to resolve a lawsuit accusing him of “relentless abuse.” According to the complaint, the pair met in 2018, around the time he finished filming Honey Boy, with Barnett moving in with him shortly after. LaBeouf then engaged in a “continuous stream of verbal and mental abuse” before escalating to physical violence. In one incident, LaBeouf slammed Barnett against his car and strangled her, said the lawsuit, which noted that he kept a loaded rifle by their bedside.
At the time the complaint was filed, LaBeouf told The New York Times, “I’m not in any position to tell anyone how my behavior made them feel. I have no excuses for my alcoholism or aggression, only rationalizations. I have been abusive to myself and everyone around me for years. I have a history of hurting the people closest to me. I’m ashamed of that history and am sorry to those I hurt.”
The filing comes as LaBeouf faces charges in New Orleans for battery after fighting two men involved in ejecting him from a bar, where he was allegedly causing a disturbance and displaying violent aggression. One of the alleged victims later characterized the confrontation as a hate crime because he was called a homophobic slur.
Barnett is represented by Rosengart, best known for freeing Britney Spears from her conservatorship who has a stable of clients that include Sean Penn, Steven Spielberg and Michael Mann.
www.hollywoodreporter.com
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