MoMA appeals ruling that kept Marina Abramović nude performer's sex abuse suit alive

The Museum of Modern Art has appealed a judge’s decision refusing to dismiss a sex abuse lawsuit filed by a man who performed nude during the 2010 staging of Marina Abramovic’s Imponderabilia.

Performer John Bonafede brought the lawsuit against MoMA in January 2024 under New York’s Adult Survivors Act, accusing the museum of failing to protect him from repeated sexual abuse by museum visitors despite knowing it was happening.

Bonafede alleged that while performing nude as part of Marina Abramovic’s 2010 exhibition “The Artist Is Present,” he was sexually assaulted seven times by five different visitors, who he said groped his genitals as they passed through a narrow doorway where he was required to stand still and silent.

He reported most of the assaults to museum security or staff, and at least one incident was witnessed by a security guard. He also alleged MoMA created internal procedures for handling reports of groping and ejected some visitors after assaults occurred but required him to continue performing without meaningful changes to protect performers.

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Court Documents: MoMA Appeal in Bonafede Sexual Abuse Lawsuit

Records from New York County Supreme Court

Urgent MatterAdam Schrader

He accused the museum of negligence, enabling gender-based violence, creating a hostile work environment, aiding and abetting discrimination, and discriminating in a place of public accommodation. The lawsuit seeks damages for emotional distress, harm to his mental health and career and punitive damages.

Last month, Justice James d’Auguste ruled against the museum in its motion to dismiss the case—keeping Bonafede’s case alive as it works its way through New York state courts. The case has not yet gone to trial.