Why is a Nude Model Suing Museum of Modern Art?

A performance artist who took part in Marina Abramović’s 2010 Museum of Modern Art exhibition is initiating a lawsuit against the institution, claiming that it neglected to prevent sexual assaults directed at him during the event.

The argument

In a legal complaint filed with a New York State court, John Bonafede outlined seven instances of sexual assault involving five older individuals that occurred during his participation in Abramović’s art piece titled “Imponderabilia.”

In the filed legal document, Bonafede describes the assaults as strikingly alike. He provides specific details, noting that each “older man” would turn towards the artist, lower their hand, and engage in “fondling and groping” of his genitalia. The description further mentions that the individuals would then linger briefly before proceeding into the next gallery room.

The artist based in New York alleges that MoMA “was aware of ongoing sexual assaults against numerous worker-performers… yet deliberately and negligently neglected to implement corrective measures to prevent the recurrence of these assaults.”

Additionally, he mentions that a fellow performer was dismissed on the opening day of the exhibition for not sustaining stillness, and Bonafede initially opted to remain silent to sidestep a comparable outcome.

In the concluding weeks of the exhibition, the lawsuit stated that Bonafede experienced three instances of non-consensual groping of his private areas by another attendee before security intervened.

According to the lawsuit, Bonafede promptly reported four of the individuals to museum staff and security. The fifth incident was directly witnessed by the museum security staff.

Additionally, at a certain juncture, Bonafede observed a public attendee sexually assaulting his female co-performer by forcibly kissing her on the mouth without her consent, as mentioned in the suit.

The individuals responsible for assaulting Bonafede were predominantly older men, as stated in the lawsuit. The legal document indicates that one of the assailants was a corporate member of the museum, who was subsequently expelled and had his membership revoked.

The facts

Submitted on Monday in Manhattan, Bonafede’s lawsuit was filed under the New York Adult Survivors Act, a specific state law that suspended the typical time limit for accusers to file lawsuits for several years. Although the law expired last year, the lawsuit asserts that the involved parties mutually decided to extend the closing window.

Before the exhibition commenced, the performers had expressed their apprehensions about potential harassment of nude performers in a letter to the museum during contract negotiations, as outlined in the lawsuit.

Once the exhibition started, various news outlets, including the New York Times, covered the inappropriate behaviour exhibited by visitors. The suit mentions that the sexual assaults during “Imponderabilia” became a topic of discussion within New York City’s art and performance communities.

The infamous performance, initially presented in 1977 by Abramović and her then-partner Ulay, features two performers in a state of full nudity standing in a doorway. The audience is compelled to pass between them, deciding which one to face.