A New York artist, John Bonafede, who participated in a well-publicized performance by renowned artist Marina Abramović, is filing a lawsuit against the Museum of Modern Art (MoMA) in New York, alleging that the institution failed to adequately protect him from sexual assault during the 2010 event.
The lawsuit, obtained by CNN, reveals that Bonafede claims MoMA did not take sufficient measures to safeguard him and other nude artists from potential assaults. Filed almost 14 years after the performances, the suit clarifies that an extension was granted under The New York Adult Survivors Act, which allows victims of alleged sexual assault to sue after the statute of limitations has expired.
Bonafede was part of the 2010 reenactment of Abramović’s “Imponderabilia,” where two artists stood fully nude in a narrow doorway, inviting visitors to pass between them to enter the exhibition. This piece was a component of “The Artist is Present,” a larger MoMA exhibition celebrating Abramović’s influential career, characterized by nudity, stillness, and interactive elements challenging traditional notions of gender, sexuality, and the human body.
According to the lawsuit, Bonafede alleges that he experienced sexual assault by five museumgoers on seven occasions throughout the two-and-a-half-month run of “The Artist is Present.” He reported four incidents to security, with MoMA staff allegedly witnessing the fifth person’s actions. Although the individuals involved were removed from the performance, Bonafede claims that most corrective actions occurred after the assaults, asserting that MoMA failed to proactively protect performers.
Bonafede’s lawyer, Jordan Fletcher, emphasized the need for safety in edgy performance art within major institutions. While acknowledging the importance of such art, Bonafede believes that performers must be adequately cared for, requiring upfront discussions about risks and the flexibility to address issues promptly.
CNN has reached out to MoMA and the Marina Abramović Institute for comments. Notably, Abramović is not a defendant in the lawsuit.
Bonafede’s legal action also references information he learned during training for the 2010 exhibition, where performers were made aware of Abramović’s prior assault during her 1974 piece “Rhythm Zero.” In that performance, she allowed the audience to interact with her body and various objects for six hours, resulting in actions like cutting her clothes, slicing her with sharp objects, and placing a loaded pistol in her hand.
Bonafede claims he was instructed during training to “tough it out,” regardless of attendees’ behavior. Instances of groping were reported by some “Imponderabilia” performers in 2010, yet others praised MoMA for its vigilance in protecting them. Abramović’s “Imponderabilia” was originally staged in 1977 and restaged in 2023, garnering attention for its intrusive and thought-provoking nature.