John Bonafede, a New York-based painter and performance artist who participated as a nude performer in the Museum of Modern Art’s 2010 exhibition “Marina Abramović: The Artist is Present,” has filed a lawsuit against the institution. Bonafede accuses MoMA of failing to prevent sexual assaults against him by museum attendees during the exhibition.
In the complaint filed in Manhattan court, Bonafede alleges that he experienced repeated sexual assault by museum-goers and claims that MoMA was aware of ongoing assaults against its worker-performers but failed to take corrective action to prevent them.
The lawsuit specifically pertains to the work “Imponderabilia,” part of Abramović’s exhibition, where nude performers stand on either side of a portal, requiring gallery visitors to squeeze between them. The incidents were previously reported by the New York Post in 2010, with female performers sharing experiences of groping and other inappropriate behavior. MoMA responded at the time, stating they were aware of the challenges faced by nude performers and that violators were escorted out by museum security.
Bonafede’s legal action is possible due to New York’s Adult Survivors Act, which allows survivors of sexual assault that occurred when they were over 18 to sue their abusers, regardless of when the abuse took place. The lawsuit seeks compensatory damages, punitive damages, reimbursement of attorney fees, and other relief to be determined in court, citing years of emotional distress and substantial harm to Bonafede’s mental health, body, image, and career.
