Judge Dismisses Jennifer Eckhart Claims Against Fox News in Ed Henry S.#.x.u.@.l Assault Suit

Eckhart alleges the network subjected her to harassment, negligence and retaliation

Jennifer Eckhart (Credit: Udo Salters/Patrick McMullan via Getty Images/Fox News)

A federal judge ruled in favor of Fox News’ motion to dismiss Jennifer Eckhart’s 2020 lawsuit against the network over alleged sexual assault by former anchor Ed Henry.

In her original suit, Eckhart alleged that Henry raped her and that Fox News condoned his behavior. She also said that the network fired her because she complained about sexual harassment and that Henry shared explicit photos of her in violation of New York’s revenge-porn law.

In a summary obtained by TheWrap, Judge Ronnie Abrams of the U.S. District Court for the Southern District of New York wrote on Wednesday, “There is no direct evidence that Fox News was aware of Henry’s alleged harassment of Eckhart before it occurred.”

Fox News said that the firing of Eckhart could not be retaliation since she did not make claims of sexual harassment until after she had been fired and that “it had legitimate, non-pretextual reasons for terminating her.”

Attorneys for Eckhart said in a statement released Wednesday, “We look forward to holding Mr. Henry accountable before a jury, and intend to appeal the decision as it relates to Fox News at the appropriate time.”

Eckhart issued her own statement in which she said, “While I am grateful that the court has recognized the need for a jury to hear my claims against my rapist Ed Henry, this fight is bigger than me.” She said she will be appealing the dismissal of the claims against Fox News, adding, “It is about changing a corporate culture that continues to enable abuse, fear, intimidation and silence … No corporation should be allowed to protect predators while punishing survivors who dared to speak up.”

Henry, in his request for dismissal, said that their relationship was consensual. He also argued that the “revenge porn” claims were not supported since several of the photos were not of Eckhart or could not be considered pornography. The judge dismissed the revenge porn claim against Henry, but the charges of assault, battery, sex trafficking and harassment still stand.

The trial is scheduled to begin on May 12.

In 2022, the same judge dismissed Henry’s defamation lawsuit against Fox News, citing that he had failed to prove the sexual misconduct allegations that led to his termination were false.

“The Court finds that Henry has failed to plausibly allege that any of Defendants’ statements were false, or that they gave rise to a defamatory inference,” Abrams said at the time. “His First Amended Complaint (the “complaint”) also lacks factual allegations to sustain his remaining claims for false light/invasion of privacy and tortious interference.”

Henry was abruptly fired from Fox News in July 2020 “based on the investigative findings” of the “willful sexual misconduct” allegations, per a statement from the network, which was shared with TheWrap at the time.

His suit claimed that the statement from the company was made “publicly” to “humiliat[e] him in the process.”