A New York judge ruled that the sexual abuse case against Cuba Gooding Jr. will go forward.

Gooding's attorney attempted to get the charges dismissed based on video evidence of the incident and two eyewitnesses who state the event never happened, according to Fox News. The attempt, however, was unsuccessful.

“This court disagrees,” Judge Phyllis Chu wrote per USA Today. “The conflicting factual allegations between the criminal court information and the defendant’s motion should be resolved at trial.”

"The court finds the allegations in the accusatory instrument are sufficiently serious such that any hardship experienced by the defendant is not enough to satisfy either the purpose and effect of an authorized punishment for these charges," she continued. "Further, the court is unpersuaded by the defendant's arguments regarding the safety and welfare of the community and the public's confidence in the criminal justice system."

The 51-year-old faces a misdemeanor charge for forcible touching and sex abuse in the third degree relating to the alleged groping incident that occurred in New York City in June.

Despite, the case moving forward, Gooding's attorney, Mark Jay Heller, believes that he will be acquitted.

According to CNN, in a statement on Thursday, Heller said, "I am totally confident that when a jury of Cuba Gooding Jr.'s peers assess all of the exculpatory evidence in this case, that he will be totally exonerated."

The trial is scheduled to start on September 3.

Kathy Bates, Sarah Paulson and Cuba Gooding Jr
Cuba Gooding Jr. caught flak on Twitter after lifting up the skirt of Sarah Paulson. Pictured: Kathy Bates, Sarah Paulson and Cuba Gooding Jr. on March 26, 2017 in Los Angeles. Getty Images