Judge rules whether nude scene in Romeo and Juliet is considered child pornography

A judge has ruled that the nude scene in the 1968 production of Romeo and Juliet was not considered child pornography.

The film's stars, Leonard Whiting and Olivia Hussey, were aged 16 and 15 respectively when the scene was filmed, and have since argued that they were exploited and sexualised as minors.

The scene in question includes one shot of Whiting's bare buttocks and another of Hussey's breasts.

The actors, who are now in their 70s, claimed that they were coerced by the film's director Franco Zeffirelli into filming the nude bedroom scene.

Paramount Pictures

However, Los Angeles Superior Court Judge Alison Mackenzie has ruled in favour of the defendant, Paramount Pictures, by dismissing the lawsuit.

In her written decision, Judge Mackenzie said that the scene was protected by the First Amendment and that the film's stars "have not put forth any authority showing the film here can be deemed to be sufficiently sexually suggestive as a matter of law to be upheld to be conclusively illegal".

The judge added: "Plaintiffs’ argument on the subject is limited to cherry-picked language from federal and state statutes without offering any authority regarding the interpretation or application of those statutory provisions to purported works of artistic merit, such as the award-winning film at issue here."

She also noted that Whiting and Hussey had filed their claim too late as it didn't fall within the bounds of California law, which temporarily suspended the statute of limitations for child sexual abuse.

Paramount Pictures

The actors' attorney, Solomon Gresen, has denounced the judge's decision and stated that they plan to file another version of the lawsuit in federal court.

The new lawsuit will be based on the recent re-release of the film with 4k digital restoration - that came out in February - which Gresen believes would restart the statute of limitations.

"Children cannot consent to the use of these images," said the attorney.

"They’re profiting off these images without consent."

He added: "We firmly believe that the exploitation and sexualization of minors in the film industry must be confronted and legally addressed to protect vulnerable individuals from harm and ensure the enforcement of existing laws."

As part of their suit, both Hussey and Whiting submitted declarations to describe their experience while filming.

The actors claimed that Franco Zeffirelli, who passed away in 2019, had told them that they could wear flesh-coloured underwear for the scene, but on the morning of the shoot, he informed them that they would be wearing only body make-up.

Paramount Pictures

They claim that they were told cameras would be placed in a way that would not show the nudity, but they were instead filmed naked without their knowledge.

Seeking more than $500 million in damages, the two also stated that Zeffirelli warned them 'the picture would fail' if they didn't go along with it and film the nude scene.

UniLad has approached Paramount Pictures for comment.

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