A civil lawsuit alleging sexual assault and harassment against Rudy Giuliani, the former Fresh York City mayor and onetime personal attorney to Donald Trump, will proceed to discovery after a New York judge rejected a motion to dismiss the case. The ruling, handed down Monday by Supreme Court of New York County Judge Nicholas W. Moyne, allows Noelle Dunphy, Giuliani’s former assistant, to move forward with her claims of sexual abuse, harassment and gender-based discrimination. The case centers on allegations that Giuliani engaged in a pattern of abusive behavior during their working relationship between 2019 and 2021, including unwanted sexual advances and a hostile perform environment.
Dunphy first filed the lawsuit in May 2023, and it quickly became a focal point of scrutiny given the high-profile nature of the allegations and the defendant. The complaint details accusations of repeated sexual harassment, including instances where Giuliani allegedly made explicit comments about his anatomy while taking Viagra, and subjected Dunphy to alcohol-fueled rants containing sexist, racist, and antisemitic remarks. The legal battle has been marked by extensive pretrial maneuvering, including an amended complaint filed by Dunphy in January 2025 and Giuliani’s subsequent motion to dismiss, filed in March 2025.
Giuliani’s legal team argued for dismissal on multiple grounds, including challenging the standing of the plaintiff, questioning the timeliness of the assault claim under New York’s Adult Survivors Act (ASA), and disputing the applicability of gender-based animus statutes. Judge Moyne systematically rejected each of these arguments in a seven-page ruling, finding that Dunphy had sufficiently stated legally cognizable claims. The judge’s decision underscores the importance of the discovery phase, where both sides will gather evidence to support their respective cases.
The core of the dispute revolved around whether Dunphy adequately demonstrated injury and whether her claims were filed within the permissible timeframe. Giuliani’s lawyers argued that Dunphy inflated her damages request, initially seeking $3.1 million before increasing it to $10 million in her amended complaint. Judge Moyne dismissed this argument, stating that the initial damages request in a summons with notice does not limit subsequent claims in a formal complaint. He further emphasized that the alleged sexual assault and wage theft constituted a “concrete, cognizable injury.”
Adult Survivors Act and the Timeliness of the Claim
A key point of contention was whether Dunphy’s assault claim was filed within the window provided by the Adult Survivors Act, a New York law enacted in 2022 that temporarily lifted the statute of limitations for sexual assault cases. The ASA allowed survivors a one-year period to file lawsuits regardless of how long ago the alleged abuse occurred. Giuliani’s legal team argued that Dunphy’s claim fell outside this window, but Judge Moyne found that Dunphy commenced the action within the allotted time, which began on November 24, 2022. The judge too determined that the allegations of threats of sexual contact, intertwined with the alleged sexual offenses, were sufficient to preserve the assault claim.
Gender-Based Animus and Corporate Liability
Dunphy’s lawsuit also alleges that Giuliani’s actions were motivated by gender-based animus, citing his alleged misogynistic remarks and the inherently dehumanizing nature of sexual assault. Judge Moyne agreed, stating that the allegations of non-consensual sexual intercourse and oral sex were sufficient to establish this animus. The judge ruled that Dunphy’s claims against Giuliani’s businesses – alleging they aided and abetted his conduct through a lack of proper policies and oversight – could also proceed. He found that Giuliani could have aided and abetted the corporate defendants, and vice versa, highlighting the potential for broader liability.
The Scope of Alleged Offenses
The court’s ruling also noted that Giuliani’s alleged actions, if proven, could constitute several sexual offenses under New York Penal Law, including rape in the first and third degrees, sexual abuse, sexual misconduct, and forcible touching. While the lawsuit does not seek criminal charges, the judge’s observation underscores the seriousness of the allegations. The ruling explicitly references sections of the New York Penal Law, including Article 130, which defines various sexual offenses.
What’s Next in the Case
With the motion to dismiss denied, the case will now enter the discovery phase. This process will involve both sides exchanging information, conducting depositions, and gathering evidence to support their claims. The timeline for discovery is currently unclear, but it is expected to take several months. Following discovery, the parties may file motions for summary judgment, asking the court to rule in their favor based on the evidence presented. If the case does not settle, it will ultimately proceed to trial. A hearing date has not yet been set.
The outcome of this case could have significant implications for Giuliani, both legally and professionally. Beyond the potential financial ramifications of a judgment against him, the allegations and the ongoing legal battle continue to damage his reputation. The case also highlights the growing legal scrutiny surrounding allegations of sexual misconduct and the impact of laws like the Adult Survivors Act, which provide new avenues for survivors to seek justice.
This is a developing story and will be updated as more information becomes available.
If you or someone you know has experienced sexual assault, resources are available. You can contact the RAINN (Rape, Abuse & Incest National Network) National Sexual Assault Hotline at 1-800-656-HOPE, or visit their website at https://www.rainn.org.
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