Judge dismisses ‘Romeo and Juliet’ lawsuit over underage nude scene
On October 21st, a California judge dismissed a second lawsuit brought by the stars of Franco Zeffirelli’s 1968 film, Romeo and Juliet, over child pornography claims.
In December 2022, Leonard Whiting and Olivia Hussey, who played the lead roles in the movie, sued Paramount over a nude scene that was filmed when they were 17 and 16, respectively. The judge in the first case found that the scene, which briefly shows Whiting’s bare behind and Hussey’s bare breasts, could not be considered child pornography and ruled it was protected under the First Amendment, which ensures the right to free speech.
The actors filed the second lawsuit over a recent Criterion re-release of the film, which they claimed had been digitally enhanced to the extent that it constituted a separate offence. However, Judge Holly J. Fujie has now rejected their claims, stating the re-release was not sufficiently distinct from the original to deviate from the previous judge’s ruling.
Furthermore, Fujie also addressed the reason that the first case had been tossed out, explaining that, even if the teenage actors had not expressly consented to the nude scene, their conduct in the five decades since the film’s release was its own form of consent.
“Even in the absence of express consent, however, Plaintiffs’ subsequent conduct in the decades that followed since the film’s original 1968 release speaks to Plaintiffs’ implied ratification and approval of the film, including the Bedroom Scene,” Judge Fujie wrote in her ruling, per Variety.
Fujie continued: “This includes, among others, appearances and statements made by Plaintiffs during interviews and attendance at film festivals, during which Plaintiffs did not object to the continuing release and distribution of the successive releases of the film.”
The Romeo and Juliet stars respond to the legal ruling:
In an interview with Variety, Hussey rejected this reasoning, saying that their tacit approval of the film was not genuine. “We’d say, ‘Oh, it was art. Everybody does nudity – no big deal’” she said.
Hussey added: “But really, deep down, my mom knew and my close friends knew it was traumatic. It wasn’t something I ever agreed to do. I just did it because I felt like I couldn’t say no. Leonard too.”
Whiting agreed, saying, “I believe the scene didn’t require nudity, due to the fact that we were both underage. Olivia was very, very nervous and frightened as well, but we really were very fond of each other and we helped each other get through the whole thing.”
The timing of the first suit had less to do with a sudden change of heart than with a temporary pause on the statute of limitations for childhood sexual assault civil claims in California. In 2020, the state allowed people of any age to bring suits of sexual assault that occurred when they were children, allowing Whiting and Hussey to bring the case.
Romeo and Juliet was a hit with audiences and critics when it was released, and it earned four Oscar nominations. Despite their discomfort over the nude scene, both Whiting and Hussey have repeatedly praised the director, who died in 2019. In her sworn declaration for the first lawsuit, Hussey said that the director’s death had been distressing given her close relationship with him, and that she believed he would have been similarly outraged by the remastered footage.
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