LOS ANGELES – Actor Jamie Foxx says he “emphatically denies” an accusation of sexual assault dating back to 2002.

The Django Unchained star (50) is accused of slapping a woman with his penis and she has filed a police report. In response, Foxx said he will fight the claims in court.

The accuser, who has remained anonymous, said the Oscar winner assaulted her in Las Vegas nearly 16 years ago, at a time when she said she was partying at his home there and he tried to convince her to perform oral sex. She says that when she refused, he hit her in the face with his penis, according to TMZ.

She told the gossip website that she went to a hospital the following day for treatment for a panic attack. It is being considered an open investigation, however the statute of limitations, which dictates a length of time for which a crime can be prosecuted, passed 13 years ago.

Foxx’s attorney Allison Hart said: “Jamie emphatically denies that this incident ever occurred, and he will be filing a report with the Las Vegas Police Department against the woman for filing a false police report against him.

“The first time [Jamie] became aware of this woman’s absurd claims about an incident that supposedly occurred 16 years ago was when TMZ contacted his representatives [Tuesday] about this story.”

“The alleged incident was not reported to law enforcement in 2002, or at any other time in the last 16 years until last Friday because the incident never happened.”