Last week, a woman in Las Vegas filed a police report accusing Jamie Foxx of sexual assault. According to TMZ, the woman claims that, at a party in 2002, Foxx allegedly “struck her in the face with his penis” when she refused to perform oral sex on him. Foxx has issued a statement calling her accusation “absurd,” and saying he plans to file a police report against the woman for filing a false police report. In addition, a lawyer for Foxx now tells BuzzFeed News that while Foxx maintains his innocence, even if the woman’s accusations were true, it wouldn’t be considered sexual assault. The lawyer says that Nevada state law defines sexual assault as involving “sexual penetration” i.e. “forcible rape.” According to the Las Vegas Defense Group, the accusation against Foxx would be considered the lesser crime of “open and gross lewdness.” Police are investigating the alleged incident, though law enforcement tells TMZ that the statute of limitations has expired.