A California appeals court has upheld a lawsuit against actress Anne Greene for breaching the "nudity rider" in her contract that required her to perform sex scenes for Cinemax's Femme Fatales. Green had petitioned to have the suit dismissed on "hostile work environment" and "improper retaliation" grounds, according to The Hollywood Reporter. A closer look at the details of the case reveal the bizarre circumstances actresses work under to film erotic scenes, and also its implications for actresses in the future.
(For reference, here is a trailer for Femme Fatales, which ran from 2011-2012.)
Greene, who starred in Saw 3D: The Final Chapter, originally took the producer to court back in 2012 with claims that she was "blind-sided" by script re-writes that included an oral sex scene, which True Crime (Femme Fatales' production company) accommodated her apprehensions over. But, on another day of shooting, she refused to perform topless, so producers had her wear "pasties" to cover her nipples (despite the network's policy forbidding pasties). Greene's original claim explains the scene she performed "under duress" just to avoid a potential $100,000 threat for failing to fulfill her contract.
During one of these sex scenes, Ms. Greene was forced to perform topless with a pasty on her vagina. The male performer only wore a sock on his penis. During this scene, the male performer began to bleed from his mouth onto Greene's face and body. Instead of stopping the scene, Greene was told to 'keep going' while the male performer cupped her breasts. Due to the performer's bleeding onto her nude body, Greene later was forced to undergo testing for sexually-transmitted diseases.
In response, she was hit with counterclaims by True Crime and Time Warner (owner of HBO's subdivision Cinemax), who said that they'd sent her a "sizzle reel" of the show, making it explicitly clear that it was an erotic anthology series whose "principal castmembers appeared partially nude and engaged in acts of simulated sex." True Crime says Greene still accepted the role in a season 2 episode called "Jailbreak," even after 13 episodes had already aired.
All of this lead to Justice Norman Epstein of the Second Appellate District in California delivering an opinion on Friday that sided with True Crime, saying their claim is "independently supported by facts regarding Greene's alleged breach of the Nudity Rider and Employment Agreement, activity arising before Greene filed her complaint."
This denied appeal sends the case back to Los Angeles' Superior Court for trial, which has the potential to set a controversial precedent Hollywood actresses.