Museum of Modern Art, New York | Artist who posed nude in exhibition sues museum

(Albany) An artist who posed nude in a show by world-renowned artist Marina Abramovic at the Museum of Modern Art in New York (MOMA) is suing the museum, claiming it took no action after he was sexually assaulted several times by participants during performances almost 14 years ago.


The suit was filed Monday in Manhattan under the New York Adult Survivors Act, a special state law that provides a one-year suspension of the usual time allowed for accusers to file a lawsuit. Although the law expired last year, the suit says the parties agreed to extend the closure period.

John Bonafede alleges in the suit that he was sexually assaulted by five audience members who were attending a performance for which he had been hired by the museum as part of the Abramovic retrospective, titled The Artist Is Present.

The museum did not respond to emails sent this week. Abramovic is not named as a defendant and did not immediately respond to a request for comment.

In the work Imponderabilia, Bonafede and another artist stood face to face in a doorway, completely naked, silent and motionless. The exhibition, which ran from March 14, 2010 to May 31, 2010, was organized by the museum in a way to encourage visitors to pass between artists as they went from one gallery to another, says the pursuit.

The people who attacked Bonafede were mostly older men, the suit says. One of the perpetrators was a corporate member of the museum, who was ultimately expelled and had his membership revoked, according to the complaint.

During the final weeks of the exhibition, another participant non-consensually touched Bonafede’s private parts three times before finally being stopped by security, according to the complaint.

Bonafede immediately reported four of the individuals to museum staff and security, according to the complaint, while the fifth was seen personally by museum security personnel.

At one point, Bonafede also witnessed a spectator sexually assault his co-performer by kissing her on the mouth without her consent, according to the suit.

Before the exhibition, the artists expressed concerns about harassment of nude artists in a letter to the museum during contract negotiations, according to the complaint.

Several media, including the New York Timeshad reported inappropriate visitor behavior, and sexual assaults related to “Imponderabilia” had been discussed within the New York City arts and entertainment communities, according to the complaint.

But although the museum was aware of the problem, it failed to take steps to protect the artists and prevent further sexual assaults, such as informing visitors in advance that touching was not allowed, indicates the pursuit.

About a month after the exhibition began, the museum created a manual outlining protocols for artists to alert museum staff if they felt unsafe or were touched inappropriately.

Bonafede says he agreed to continue performing after he was assaulted, but claims he suffered years of emotional distress. He maintains that his mental health, body image and career have been damaged.

The Associated Press generally does not name people who say they were sexually assaulted unless they publicly report it. Bonafede gave consent through his attorney, Jordan Fletcher.

Mr. Fletcher declined to comment further on the suit, but said he would seek a jury trial and compensatory damages.


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