California- Nick Nolte is pursuing a “blame the victim” defense in a premises liability case that alleges he is liable for the sexual assault of a teenage girl at his Malibu estate in January 2003.

“Plaintiff has merely sought to improperly blame [Nolte and co-defendants] for her own conduct and the alleged intervening unlawful conduct of third parties,” the actor says in a motion for summary judgment.

The pleading also says the girl, identified only as Jane Doe, was already drunk by the time she arrived at Nolte’s home, that Nolte’s son Brawley was not present when she was assaulted by a male guest, and that Brawley never videotaped her performing sex acts with another man.

Jane Doe’s “own alleged intoxication” was the proximate cause of her injuries, Nolte contends.

The plaintiff’s attorneys, however, blame Nolte for “creat[ing] an attractive dangerous condition” by allowing minors to use alcohol and drugs on his premises. On the night of the assault, they say in an opposition brief (excerpted here), “everyone was smoking from [Brawley’s] bong or drinking alcoholic beverages he made for them.”

Brawley, now studying acting in London, is the defendant in the case identified as Roe One.

Nicholas Woodring, who was convicted of assaulting the girl, appears to support the plaintiff’s position. In a deposition, he testified that the rape would not have happened if he had not been drinking.

“I’m telling you that honestly, from the bottom of my heart, it was the alcohol that got me to do everything in a bad way,” he said.

He also said that Brawley showed off the videotape of Jane Doe, telling him, “Look at this porno we made.”

Back Story 12/3/2004:LOS ANGELES – Parents of a teenage girl have sued Nick Nolte, alleging their daughter was drugged and sexually assaulted at a party at the actor’s Malibu home two years ago.

The lawsuit, filed Nov. 29 in Superior Court, also lists an employee and several others as defendants. One of the defendants, Nicholas Woodring, was convicted in March of having sex with the girl, then 15 and a minor.

The girl’s attorney, Philip Dunn, said Woodring was sentenced to 180 days in jail, but that the case did not go to trial.

“The criminal prosecution is over, and the victim wishes to make sure that nothing like this happens to anyone else again under the same or similar circumstances,” Dunn said Thursday.

The district attorney’s office could not immediately confirm a criminal conviction late Thursday.

“The incident happened nearly two years ago, when Mr. Nolte was not at the property,” Nolte’s publicist Arnold Robinson said Thursday. “It is our understanding that the individual responsible has been held accountable. Mr. Nolte was at the time, and still remains, concerned for the young lady’s well-being.”