UPDATED with comment from Eckhart: A federal judge dismissed Fox News from a sexual assault lawsuit that a former employee filed against former anchor Ed Henry.
U.S. District Judge Ronnie Abrams rejected Jennifer Eckhart‘s retaliation and other claims. Eckhart, a former associate producer for the network, alleged that Henry sexually harassed and raped her. “Fox News did not have actual notice of Henry’s alleged misconduct towards her until she first reported it to the network through her counsel on June 25, 2020 — three years after their last sexual encounter,” the judge wrote in his dismissal. “Once the network finally learned of his behavior, its response was the opposite of forgiveness: it swiftly investigated and terminated him just six days later.” Henry, who now works at Newsmax, has claimed that the sexual relations with Eckhart were consensual.
The judge also dismissed a revenge porn claim against Henry but denied his motion to toss claims of gender-motivated violence, assault, battery, sex trafficking and harassment.
A trial is scheduled to start May 12. “While a reasonable jury could conclude that Eckhart consented to some or all of their sexual activity, it could also conclude otherwise,” the judge wrote. “In her deposition, Eckhart testified at length that Henry forced her to engage in sexual activity without her consent, and on three separate occasions.” The judge cited three instances in 2014, 2015 and 2016.
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