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Kevin Spacey asks judge to axe Anthony Rapp’s sex abuse suit

NEW YORK — Actor Kevin Spacey requested a choose Friday to throw out actor Anthony Rapp’s intercourse abuse lawsuit, saying by his legal professionals that allegations that he abused the then-teenage Rapp at a Eighties get together are false.

The legal professionals wrote in papers filed in Manhattan federal court docket that the alleged occasions Rapp described by no means occurred. Rapp has appeared in “Lease” on Broadway and in “Star Trek: Discovery” on tv.

He alleged in his lawsuit that he went to a celebration in 1986 at Spacey’s Manhattan residence, the place a 26-year-old Spacey, with out Rapp’s consent, “engaged in a sexual advance” by grabbing Rapp’s buttocks and lifting him onto a mattress and laying on his physique. Rapp claimed he “was compelled to extricate himself” earlier than leaving the get together.

Spacey’s legal professionals argued the alleged encounter can’t qualify as sexual abuse underneath New York’s legal guidelines as a result of the one alleged contact with an “intimate” a part of the physique by Spacey was when his hand grazed the 14-year-old Rapp’s buttocks when the older actor picked him up. The legal professionals stated Rapp “wriggled out” with no resistance throughout an encounter of lower than 30 seconds.

There was no different proof that will counsel any fleeting contact between Spacey’s hand and Rapp’s buttocks was for the aim of sexual gratification or to degrade or abuse Rapp, the legal professionals wrote.

The shortage of proof means Rapp’s claims for assault, battery and intentional infliction of emotional misery should fail, the legal professionals stated.

They stated Spacey “flatly denies” that any of what Rapp described befell.

Attorneys for Rapp didn’t instantly reply to a request for remark.

When Rapp first spoke publicly of his declare in 2017, others went public too and Spacey’s then-celebrated profession abruptly halted. On the time, Spacey issued an announcement saying he didn’t keep in mind the encounter however apologized.

Spacey received an Academy Award for Greatest Actor for his position in “American Magnificence,” a 1999 movie through which he performed a annoyed suburban father who lusts after his daughter’s greatest buddy.

In latest filings, Rapp’s legal professionals have requested to switch the case to state court docket, saying Spacey can’t show he has been residing in Maryland and qualifies for the variety of citizenship vital to stay in federal court docket.

In actual fact, they argue, he has been principally residing in London since 2003.

They stated he solely lived in Maryland when he was performing in his Emmy-winning position in “Home of Playing cards” from 2014 by 2017. He was fired from the present days after Rapp went public and former present employees claimed that Spacey made the manufacturing a “poisonous” office and one ex-employee alleged the actor sexually assaulted him.

In November, an arbitrator stated Spacey and his manufacturing corporations should pay the studio behind the Netflix political thriller $31 million due to losses they incurred after his firing.

Spacey appealed the choice to a panel of three extra non-public arbitrators, who discovered for the plaintiffs, making the choice ultimate, and public.

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

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