Sex abuse civil case against Kevin Spacey relating to a 1986 party at his Manhattan home can proceed in NYC federal court, says judge

• Spacey has been accused of making an unwanted sexual advance during a party at Spacey’s Manhattan home in 1986 by actor Anthony Rapp, 14 at the time
• Judge Lewis A. Kaplan rejected Spacey’s bid to dismiss the lawsuit on Monday
• Kaplan said there was a genuine factual dispute about whether the now 62-year-old Spacey forcibly touched Rapp’s ‘intimate parts’ to gratify his sexual desire
• Spacey denies the allegations made against him 

A sex-assault civil lawsuit against actor Kevin Spacey can proceed in federal court in New York City, a federal judge ruled Monday.

Judge Lewis A. Kaplan rejected Spacey’s bid to dismiss the lawsuit in which fellow actor Anthony Rapp accused the Oscar winner of making an unwanted sexual advance during a party at Spacey’s Manhattan home in 1986, when Rapp was 14.

The U.S. District Judge in Manhattan said there was a genuine factual dispute about whether the now 62-year-old Spacey forcibly touched Rapp’s ‘intimate parts’ to gratify his own sexual desire.

Judge Kaplan noted that Rapp has alleged that Spacey placed a clothed Rapp on a bed and briefly put his own clothed body partially beside and partially across Rapp’s before Rapp ‘wriggled out,’ got up, and left the premises.

In his lawsuit, Rapp seeks compensatory and punitive damages for what he alleges was assault, battery and intentional infliction of emotional distress.

Rapp testified at a deposition that there was no kissing, no undressing, no reaching under clothes and no sexualized statements or innuendo during an encounter that lasted no more than two minutes, the judge said.

Spacey denies the allegations.

Kaplan did dismiss a common law assault allegation, saying the claim was not included in those revived by a Child Victims Act in New York state that in 2019 temporarily allowed individuals to make claims in instances in which the statute of limitations would normally have barred them.

The ruling comes two weeks after British prosecutors said they had authorized police to charge Spacey with four counts of sexual assault against three men. The alleged incidents occurred in London between 2005 and 2013.

DailyMail.com has contacted Peter Saghir, a lawyer for Rapp, and a lawyer representing Spacey. When contacted by Associated Press, Saghir declined comment and a lawyer for Spacey did not return a message seeking comment.

A sex-assault civil lawsuit against actor Kevin Spacey can proceed in federal court in New York City, a federal judge ruled Monday. Pictured: Spacey is seen leaving court after testifying in a civil lawsuit, Thursday, May 26, 2022, in New York

In April, Spacey asked a judge to throw out Rapp’s lawsuit, saying through his lawyers that allegations that he abused the then-teenager are false.

The lawyers wrote in papers filed in Manhattan federal court that the alleged events Rapp described never occurred.

Spacey’s lawyers argued at the time the alleged encounter cannot qualify as sexual abuse under New York’s laws because the only alleged contact with an ‘intimate’ part of the body by Spacey was when his hand grazed the 14-year-old Rapp’s buttocks when the older actor picked him up.

The lawyers said in April that Rapp ‘wriggled out’ with no resistance during an encounter of less than 30 seconds.

There was no other evidence that would suggest any fleeting contact between Spacey’s hand and Rapp’s buttocks was for the purpose of sexual gratification or to degrade or abuse Rapp, the lawyers wrote.

The lack of evidence means Rapp’s claims for assault, battery and intentional infliction of emotional distress must fail, the lawyers said.

Once among Hollywood’s biggest stars, Spacey fell from grace after Rapp accused him of misconduct in October 2017, and more accusers came forward.

The actor’s awards have included Oscars in 2000 for best actor in ‘American Beauty’ and in 1996 for best supporting actor in ‘The Usual Suspects.’ He also won a Tony in 1991 for best featured actor in a play in Neil Simon’s ‘Lost in Yonkers.’

Netflix dropped Spacey from his starring role in ‘House of Cards’ after accusations began surfacing, and the series finished without him.

Rapp has appeared in ‘Rent’ on Broadway and in ‘Star Trek: Discovery’ on television. 

Once among Hollywood’s biggest stars, Spacey fell from grace after Rapp accused him of misconduct in October 2017, and more accusers came forward

In recent filings, Rapp’s lawyers asked to transfer the case to state court, saying Spacey cannot prove he has been living in Maryland and qualifies for the diversity of citizenship necessary to remain in federal court.

In fact, they argue, he has been mostly living in London since 2003.

They said he only lived in Maryland when he was acting in his Emmy-winning role in ‘House of Cards’ from 2014 through 2017. 

He was fired from the show days after Rapp went public and former show workers claimed that Spacey made the production a ‘toxic’ workplace and one ex-employee alleged the actor sexually assaulted him.

In November, an arbitrator said Spacey and his production companies must pay the studio behind the Netflix political thriller $31 million because of losses they incurred after his firing.

Spacey appealed the decision to a panel of three more private arbitrators, who found for the plaintiffs, making the decision final, and public.

A criminal case brought against him, an indecent assault and battery charge stemming from the alleged groping of an 18-year-old man at a Nantucket resort, was dismissed by Massachusetts prosecutors in 2019. 

Actor Kevin Spacey appears to talk in his phone as he leaves court after testifying in a civil lawsuit, Thursday, May 26, 2022, in New York

News that the lawsuit against Spacey can proceed in federal court came after the former actor said he would ‘voluntarily appear’ before a British court to ‘confidently’ deny claims he sexually assaulted three men in the UK between 2005 and 2013.

His announcement came after Britain’s Crown Prosecution Service authorised the charges a few days earlier.

In an exclusive statement shared with Good Morning America, the Oscar-winning star said: ‘I very much appreciate the Crown Prosecution Service’s statement in which they carefully reminded the media and the public that I am entitled to a fair trial, and innocent until proven otherwise. 

‘While I am disappointed with their decision to move forward, I will voluntarily appear in the U.K. as soon as can be arranged and defend myself against these charges, which I am confident will prove my innocence.’

Spacey didn’t say exactly when he will make his court appearance – although he will formally be arrested when he arrives in the UK as part of the legal process. 

The claims made against Spacey center on four incidents, two of which are said to have taken place in March 2005 in London against one man.

A third sex attack is alleged to have taken place in August 2008 against a second victim, according to prosecutors.

And a fourth sexual assault against a third man happened in April 2013 in Gloucestershire, it is claimed.

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