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    Prosecutors in Chicago Will Drop Abuse Charges Against R. Kelly

    The musician is already facing decades in prison after being convicted of federal charges, prompting the Cook County state’s attorney to halt her case.Noting that the R&B singer R. Kelly is facing decades in prison after two federal convictions, the top prosecutor in Chicago said on Monday that her office planned to drop its sexual abuse charges against him.The Cook County state’s attorney’s office had been waiting for its turn to bring Mr. Kelly, 56, to trial, which it could not do before the federal court cases in New York and Chicago were brought to a jury.In 2021, Mr. Kelly was convicted on racketeering and sex trafficking charges, for which he was sentenced to 30 years in prison. Last year, he was convicted on sex crimes charges, including coercing minors into sexual activity and producing sex tapes involving a minor. He is scheduled to be sentenced for that conviction next month, which could add decades to the total.“Mr. Kelly is potentially looking at never walking out of prison again for the crimes he’s committed,” Kim Foxx, the Cook County state’s attorney, said at a news conference in which she announced plans to drop the charges. “We believe that justice has been served.”A lawyer for Mr. Kelly, who is mounting appeals in both federal jurisdictions, did not immediately respond to requests for comment. Mr. Kelly is being held in federal prison in Chicago.The charges in Cook County, brought nearly four years ago, were a turning point in Mr. Kelly’s lengthy downfall.After a Chicago Sun-Times report alleging that he abused minors, and a failed prosecution in Chicago in 2008, Mr. Kelly became the focus of renewed scrutiny in the wake of the documentary “Surviving R. Kelly,” which was broadcast in January 2019 and included testimony from several women who accused the singer of abuse dating back to the 1990s.After the documentary aired, Ms. Foxx made a remarkable public request, asking anyone with sexual abuse allegations against Mr. Kelly to come forward.A month later, Mr. Kelly was charged with aggravated criminal sexual abuse involving four victims, three of whom were underage. Mr. Kelly pleaded not guilty to the charges, and he sat down for an infamous television interview with Gayle King of CBS News, in which he screamed, cursed and claimed that he did not do what he was accused of.Ms. Foxx spoke about the case against Mr. Kelly in unusually personal terms: She had been attending a Chicago high school when he was a rising R&B artist in the city, and a sex crimes prosecutor there when Mr. Kelly was tried on child pornography charges in 2008 and ultimately acquitted. Ms. Foxx has also divulged her own accounts of sexual abuse when she was a child.“I know firsthand how difficult it is for you to tell your stories,” Ms. Foxx said on Monday, noting that one of the accusers was disappointed by the decision because she had not yet had her day in court.Others involved in the case had also been involved in Mr. Kelly’s federal trial, in which a jury convicted him on six of 13 charges. The jury found the singer guilty of producing three videos of himself abusing his 14-year-old goddaughter, who took the stand last year after her direct testimony was not part of the 2008 case.Mr. Kelly was acquitted of a charge that he had attempted to obstruct an earlier investigation about his treatment of his goddaughter, among others.Part of the thinking in dropping the charges, Ms. Foxx said, was a desire to focus resources on alleged perpetrators who still walk free. She said the decision was not related to financial calculations or questions about whether the prosecution would be successful.“There are survivors — hundreds of survivors — whose files remain on our desks,” she said. “That was the calculation we made.”Robert Chiarito More

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    Teen Stars of ‘Romeo and Juliet’ Sue Over Nudity in 1968 Film

    Olivia Hussey and Leonard Whiting assert in a lawsuit that Paramount Pictures should have known nude images of them in their teens were “secretly and unlawfully obtained.”When Franco Zeffirelli’s film “Romeo and Juliet” was first released in 1968, a brief scene of its teenage star-crossed lovers waking up in bed together nude caused what the film critic Roger Ebert described as “a lot of fuss,” including blaring headlines that Queen Elizabeth II had witnessed the scene at the London premiere.Earning two Oscars and critical acclaim, the film became a classic adaptation of the Shakespearean tragedy and a staple of many English classrooms for decades.But now, more than 50 years later, the two actors who portrayed the titular characters, Olivia Hussey and Leonard Whiting, have filed a lawsuit against the film’s distributor, Paramount Pictures, claiming that the bedroom scene was deceptively filmed when they were underage and that they had been assured that no nudity would be included in the final product.The lawsuit, filed on Friday in Los Angeles Superior Court, lays much of the blame for the deception at the feet of Mr. Zeffirelli, who died in 2019, but it asserts that Paramount Pictures “knew or should have known images of plaintiffs’ nude bodies were secretly and unlawfully obtained during the performance.”The company is “repackaging what is essentially pornography,” the complaint said.Representatives for Paramount did not respond to requests for comment about the lawsuit.In the scene, Mr. Whiting’s Romeo rises from bed and basks in the Veronese sunshine, his bare backside onscreen for several seconds. Juliet remains mostly tucked under the sheet, before leaping out of bed — her bare chest showing briefly.Ms. Hussey was 16 years old when the scene was filmed, and Mr. Whiting was 17, said Tony Marinozzi, a manager for both of the actors, who are now 71 and 72. (The scene was filmed in September 1967, he said, though the lawsuit that was filed contains an inaccurate date.)According to the lawsuit, Mr. Zeffirelli told the actors that no nudity would be filmed and that they would be wearing flesh-colored undergarments during the bedroom scene, but on the morning of the shoot, he told them that “they must act in the nude or the picture would fail.”The director “showed them where the cameras would be set so that no nudity would be filmed or photographed for use in ‘Romeo & Juliet’ or anywhere else,” the lawsuit said.The actors sued just before the end of a three-year window in California that temporarily lifted the statute of limitations so people who said they were sexually abused as children could file civil cases. In recent days, the state has seen a flood of litigation under the statute, called the California Child Victims Act, before the window expired on Saturday.The lawsuit alleges sexual harassment and childhood sexual abuse, among other claims.Giuseppe Zeffirelli, one of the director’s sons whom he adopted as an adult, said in a statement on Thursday that the scene was “as far from pornography as you can imagine,” noting that his father was an outspoken critic of pornography.“It is embarrassing to hear that today, 55 years after filming, two elderly actors who owe their notoriety essentially to this film wake up to declare that they have suffered an abuse that has caused them years of anxiety and emotional distress,” Giuseppe Zeffirelli, who is known as Pippo, said in the statement.He said that over the years, the actors had maintained a “relationship of profound gratitude and friendship” with Mr. Zeffirelli, noting that Ms. Hussey had worked with the director again in the 1977 mini-series “Jesus of Nazareth,” playing the Virgin Mary.In her 2018 memoir, “The Girl on the Balcony,” Ms. Hussey recalls the filming of the scene, writing that after a makeup artist approached her to apply full body makeup, she confronted Mr. Zeffirelli following a “small panic attack,” and he assured her that she would be wearing a nightgown in the scene.“‘Although should things, you know, flow in another direction, I want you to be ready,’” Ms. Hussey recalled the director saying.The scene was filmed on a closed set, Ms. Hussey recalled in the memoir, meaning that only essential crew members were allowed to be present, but there was one incident in which a “dirty old man” on the crew had to be removed, she wrote.In interviews from around the time of the memoir’s publication, Ms. Hussey had expressed some approval of how the scene was filmed, telling Variety that it was tastefully shot. She told Fox News that “it wasn’t that big of a deal” and that the film’s production crew had become a “big family.”John C. Manly, a lawyer who has long represented plaintiffs alleging sexual abuse, said that Ms. Hussey’s statements as an adult would likely make the case more difficult for her to win.Mr. Marinozzi said that Ms. Hussey’s interviews about the scene showed her trying to “come to grips” with the situation and express her pride for the film and her performance, although, he said, she was never proud of that scene.“They did what they were directed to do because they were professionals,” he said.Sheelagh McNeill contributed research. More

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    ‘There’s No Way to Do a Good Job if You’re Judging the Character’

    The actor K. Todd Freeman has worked with Steppenwolf Theater since 1993. His roles, however challenging, usually don’t exact a personal toll. Bruce Norris’s incendiary “Downstate,” which debuted at that Chicago theater in 2018, is different.“After three or four months of doing the play,” Freeman said, “it’s like, OK, I need to stop.”Like many of Norris’s works (including “Clybourne Park”), “Downstate,” a drama about a group home for men who have committed sexual offenses against children, is in part a provocation, a goad to presumed moral certainties. It focuses on four men: Dee (Freeman), who had sexual contact with a 14-year-old boy; Felix (Eddie Torres), who molested his daughter; Fred (Francis Guinan), a former piano teacher who abused two of his students; and Gio (Glenn Davis), who committed statutory rape.So inflammatory are its themes that Steppenwolf, having received threats, had to hire additional security for the show’s run. And the production, now at the Off Broadway theater Playwrights Horizons in Manhattan after a subsequent run at London’s National Theater, continues to attract controversy, such that anyone who describes it positively risks being seen as endorsing its subject matter.From left: Guinan, Eddie Torres (partially obscured), Davis, Susanna Guzman and Freeman in the play, which is at Playwrights Horizons through Dec. 22.Sara Krulwich/The New York TimesAfter the Washington Post critic Peter Marks posted a link on Twitter to his favorable review, conservatives, including Senator Ted Cruz, attacked him. They claimed that the play and by extension the review were sympathetic to pedophiles.On a recent weekday, at a restaurant near the theater, three of the actors — the Steppenwolf regulars Freeman and Guinan, and Davis, one of the company’s artistic directors — discussed what it takes to imagine men who have done the unimaginable and how much of their own sympathy they can extend. These are edited excerpts from the conversation.Did you do much research into men who have offended against children?FREEMAN There was a literary department at Steppenwolf that provided a great research packet. They gave the laws, what jail time we all would have had, what sort of rehab we would have had, how we got from the crime to this house. And there were documentaries that were made available to us. It was never overwhelming to me.“I don’t believe in the term ‘monsters’ for human beings. I don’t like the otherness of that,” Freeman said.Clark Hodgin for The New York TimesWas there anything you learned that surprised you or made you question how the country prosecutes and treats sex offenders?DAVIS I talked to Bruce about why he wrote the play. He said, “We live in a country in which you can murder someone, go to prison, come out, and have some approximation of a decent life afterward. But if you’re marked with this scarlet letter, this follows you forever.” He said, “I want to explore how we feel about that as a culture.”GUINAN I was rather shocked by the fact that all you have to do is go online and they’ll tell you exactly where all of these people live. Primarily, it ends up being in really poor neighborhoods. I was just shocked at how many convicted child molesters there are within walking distance of my house in Illinois.FREEMAN I was like, why isn’t there a registry for murderers? I would like to know when there’s a convicted murderer moving into my neighborhood. That’s a pretty horrible thing, killing people. Why aren’t we up in arms about that as well?Have these characters fully reckoned with their actions?GUINAN Fred, while he acknowledges what a terrible thing it was, then says, “I don’t know why the Lord would make me this way.” So I don’t think so. I don’t think he has.FREEMAN There are people who like to define their lives by their past and their scars. Do they need to? And is it bad if they don’t? It’s easy to judge these people. I don’t believe in the term “monsters” for human beings. I don’t like the otherness of that. It helps us think that we’re better or different — that we could never do that. We all could.Guinan said that the role has “opened the question of ‘what about the unforgivable in your own life?’ That’s a question I really have not answered for myself.”Clark Hodgin for The New York TimesCould we? I can’t imagine a circumstance in which I would abuse a child.FREEMAN I can’t either. But most child abusers have been abused. Maybe if you had that past? We just don’t know.Did you ever find yourself judging the characters or feeling repulsion for the characters?FREEMAN That’s just not what you do as a performer. There’s no way to do a good job if you’re judging the character.DAVIS There’s a part of you that understands, psychologically, that what this character has done is wrong, egregious. And then in honoring the story, honoring the character, you divorce yourself of that judgment. If I’m playing a character and I’m not going as far as I can because of my own judgment, I should probably let someone else have it.If you were withholding judgment, why then did the play begin to weigh on you?DAVIS It’s not an easy world to live in every day. You have to prepare yourself for what you’re about to hear and do.FREEMAN These four walls are basically the characters’ entire world. Trying to believe in the reality of that, just believing in the given circumstances, it’s a weight.Is it important to you that the audience empathize with these characters?DAVIS I don’t think we as artists can predetermine the response from the audience. What I owe to the audience is a realistic portrayal of the given circumstance and to let them decide for themselves if they want to feel compassion.FREEMAN To me, this is not a play about pedophiles. To me, pedophilia is a metaphor for the limits of our compassion, our mercy, our grace.“Whether I extend a little bit of grace or a lot of grace or no grace at all, my job is simply to portray what this character was thinking, what they were after, why they do what they do,” Davis said.Clark Hodgin for The New York TimesWhat do you make of the criticism that this play is sympathetic to pedophilia?FREEMAN I don’t think there’s a single line in there that suggests that. But it’s seeing them as human.DAVIS It’s a play that forces you to look at these people outside of the worst thing they’ve ever done. For some people, that’s too much.What has been the experience of having to extend your own humanity to the most reviled?DAVIS It’s not any different, in terms of any other character that I might play who does nefarious things. These characters have done particularly egregious acts. But whether I extend a little bit of grace or a lot of grace or no grace at all, my job is simply to portray what this character was thinking, what they were after, why they do what they do. So I don’t know if I would necessarily put it in those terms, that I’m extending my humanity, because it can sound like I’m forgiving them on some level. As an actor, I simply need to get inside of them.GUINAN For myself, it’s opened the question of “what about the unforgivable in your own life?” That’s a question I really have not answered for myself. Do you let yourself off the hook? And how do you do that?FREEMAN This is one of the best roles I’ve ever done. Because it is dangerous. And because it is scary. And incendiary. Who wants to do something that’s forgettable and nice? More

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    In Paris, First-Person Trauma Jumps from Page to Stage

    Several intimate literary accounts of pain and suffering have been adapted for the theater recently — with varying success.PARIS — When Vanessa Springora’s memoir, “Consent,” was published in 2020, it was the start of an overdue reckoning with child sexual abuse in France. Now the book has made its way to the stage, in a Paris production by Sébastien Davis that captures its raw impact yet lacks, at times, the clarity of purpose that Springora found in her writing.It’s not for lack of star power. For this monologue, Davis has cast Ludivine Sagnier, a movie actress who is a household name in France. She has rarely appeared in theater productions: Her last stage role was a decade ago, in Christophe Honoré’s “Nouveau Roman.”On the smaller second stage of the Espace Cardin, Sagnier looks increasingly assured as “Consent” unfolds. The production tracks the book closely, with some cuts. Springora’s troubled family background sets the scene for her encounter, at 13, with Gabriel Matzneff, then a famous author in his 50s who advocated for pedophilia in broad daylight and wrote extensively about his sexual encounters with teens. For two years, in the mid-1980s, he trapped Springora in a controlling sexual relationship, to which plenty of adults — and even the French police — turned a blind eye.In recent years, trauma memoirs have increasingly found a home in French playhouses. The works of Édouard Louis, now fodder for a wide range of international productions, are a prime example; later this season, one of Annie Ernaux’s most recent autobiographical books, “A Girl’s Story,” about her traumatic first sexual experience, is due for an adaptation at the Comédie-Française.While not innately theatrical — first-person narratives lend themselves to monologues, but not much else — these personal accounts of abusive situations tap into the cultural mood and offer neat emotional arcs. A one-woman show like “Consent” is also relatively cheap to produce and tour, no small advantage in straitened times for the arts.The set of “Consent.”Christophe Raynaud de LageAnd “Consent” is a story worth telling onstage. A proportion of audience members at any given performance will have lived through the permissive years Springora revisits: In the wake of the student uprisings of May 1968, the mantra “It’s forbidden to forbid” was taken literally by many French intellectuals. Sexual relations between minors and adults shouldn’t be criminalized, thinkers including Jean-Paul Sartre and Simone de Beauvoir argued. “Consent” is an indictment not just of Matzneff, but of the culture that allowed pedophiles to operate freely, and Sagnier is especially convincing when she brings it to life. With hints of dark humor, she mimics the men who surrounded the teenage Springora. There is her stepfather, who kisses her on the lips after announcing that he is separating from her mother, and the philosopher Emil Cioran, a friend of Matzneff’s, who explains to her just how “lucky” she is to be his child muse.Sagnier takes longer to settle into the role of Springora herself. Early on, when she talks about Springora’s absent father, her delivery falls somewhat flat, and isn’t helped by the heavy-handed live drums that are the musical accompaniment throughout. In a pink tank top and a white tracksuit, her hair in a ponytail, she looks like an overly gauche teenager. This staging choice starts to pay off when Springora and Matzneff meet, because it is so far removed from Matzneff’s idealization of Springora as a youthful “goddess.” As Sagnier lies on the shimmering black sheets of an onstage bed, the absurdity of their budding sexual relationship is clear.As Springora grows older, this traumatized child evidently remains within. The scene in which Sagnier wonders if she was “the accomplice of a pedophile,” because she outwardly “consented” to the relationship, is genuinely upsetting.Yet Davis intersperses “Consent” with fussy attempts at representing Springora’s fraying sense of self, as Matzneff creates a fictionalized version of her through his writing. A semi-opaque screen forms the backdrop of the production, and at several points, Sagnier is required to strip to her underwear and assume a puppetlike pose as she delivers lines in silhouette.The handful of scenes in which Sagnier acts out sex acts — opening and closing her legs suggestively, or thrusting while sitting on a chair — are equally odd when sexual exploitation is the driving theme. Davis’s heart is certainly in the right place, but avoiding any hint of sexualization would have been a cautious, sensitive choice, especially for a male director telling this story.Dominique Blanc in “Pain” at the Athénée Théâtre Louis-Jouvet, directed by Patrice Chéreau and Thierry Thieû Niang.Simon GosselinThere are also more subtle adaptations of first-person trauma tales playing in Paris. At the Athénée Théâtre Louis-Jouvet, the actress Dominique Blanc has revived “Pain,” a production created for her in 2008 by the towering French director Patrice Chéreau, who died nearly a decade ago.While productions regularly outlive their creators in opera or in dance, it happens much more rarely in contemporary theater, and “Pain” is a welcome opportunity for younger theatergoers to acquaint themselves with Chéreau’s dramatic work. The production was based on a 1985 book of the same name, in which the French author Marguerite Duras gives an unvarnished account of her long wait for her husband’s return from a Nazi concentration camp, at the end of World War II.Blanc, a highly regarded artist, took a short leave of absence from the Comédie-Française to recreate “Pain” with Chéreau’s former assistant, Thierry Thieû Niang, and the result hasn’t aged. A wooden table and a few chairs provide the setting. Blanc sits with her back to the audience at the start of the show, her shoulders sinking before a word is spoken, and recreates Duras’s anguished routine — and the agonizing weeks that her husband, the writer Robert Antelme, spent close to death after his return — so starkly, so plainly, that not a single hand movement feels out of place.Yuming Hey, right, and Nicolas Martel in “Herculine Barbin: Archaeology of a Revolution,” directed by Catherine Marnas at the Théâtre 14.Pierre PlanchenaultWhile “Consent” and “Pain” draw on well-known literary works, “Herculine Barbin: Archaeology of a Revolution,” at the Théâtre 14, introduces a memoirist few in France know. Herculine Barbin, later known as Abel Barbin, was the first recognized intersex person in the country, after a 19th-century court decided in 1860 that they had been wrongly assigned a female identity at birth.The director Catherine Marnas relies on the account Barbin left of their life to recreate the events that led to their death by suicide, in 1969, in a funereal yet often compelling production. Marnas was especially inspired to cast Yuming Hey, a nonbinary actor, as the play’s central figure.Wrapped in white sheets that act variously as a shroud and period clothes, Hey cuts a quietly melancholy figure as Barbin, an outcast who struggled to leave being a woman behind in a society unequipped to understand that transition. Some accounts of trauma are probably best left to literature, but “Herculine Barbin” feels as if it earned its turn onstage.Le Consentement. Directed by Sébastien Davis. Théâtre de la Ville/Espace Cardin, on tour and at Théâtre de la Ville/Les Abbesses from Feb. 28 to March 1.La Douleur. Directed by Patrice Chéreau and Thierry Thieû Niang. Athénée Théâtre Louis-Jouvet, through Dec. 11.Herculine Barbin: Archéologie d’une Révolution. Directed by Catherine Marnas. Théâtre 14, through Dec. 3. More

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    Warren Beatty Is Accused of Sexually Assaulting a Minor in 1973

    In a lawsuit filed this week, the plaintiff says Mr. Beatty groomed and coerced her into sex when she was 14 and 15. The actor, who had starred in “Bonnie and Clyde,” was about 35 at the time.Warren Beatty, the famed “Bonnie and Clyde” actor and Oscar-winning director, was accused in a lawsuit this week of sexually assaulting a girl in 1973 when she was 14 and 15.The suit, filed on Monday in Los Angeles Superior Court, alleges that Mr. Beatty used his status as a Hollywood star to “groom, manipulate, exploit and coerce sexual contact” with a minor.The plaintiff, Kristina Charlotte Hirsch, alleges that the abuse took place over several months after she met Mr. Beatty on a film set in Los Angeles when he was about 35. Although the lawsuit does not refer to Mr. Beatty by name, it identifies the primary defendant as an actor who was nominated for an Academy Award for portraying Clyde in “Bonnie and Clyde,” as Mr. Beatty was in 1968.Representatives for Mr. Beatty, now 85, did not immediately respond to a request for comment.The lawsuit was filed under a California law from 2019 that allows adults to temporarily override the statute of limitations and file claims related to sexual abuse that are decades old. The so-called look-back window for lawsuits from people older than 40 expires on Jan. 1, 2023.In the lawsuit, Ms. Hirsch describes a relationship with Mr. Beatty that began with him commenting on her looks and providing his phone number before extending invitations to his hotel room. She says he offered to help her with homework and took her on car rides.Eventually, she says, their interactions came to include “oral sex, simulated sex and finally coerced sexual intercourse.” Ms. Hirsch is suing for damages for “severe emotional, physical and psychological distress” that she says continues to this day.Ms. Hirsch’s lawyers, Michael Reck and Michael G. Finnegan, declined to comment, saying they would let the complaint speak for itself.The younger brother of the actress Shirley MacLaine, Mr. Beatty emerged as Hollywood royalty in the 1960s. His role in “Bonnie and Clyde,” which he both starred in and produced, cemented his status as a maverick filmmaker and central figure in what became known as the New Hollywood of the 1970s.The film’s graphic and morally ambivalent portrayal of the violent outlaws divided critics. Mr. Beatty went on to success as a director with the hit comedy “Heaven Can Wait” and won an Academy Award in 1982 for directing the political drama “Reds,” which he also starred in.Mr. Beatty, who became nearly as known for his relationships with famous women offscreen as for his performances, has been married to the actress Annette Bening since 1992. More

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    Kevin Spacey Is Cleared of Anthony Rapp’s Battery Claim

    A jury found Mr. Spacey not liable in a civil trial. Mr. Rapp, an original cast member in “Rent,” had filed a lawsuit accusing Mr. Spacey of making a sexual advance when Mr. Rapp was 14.A federal jury in Manhattan found Kevin Spacey not liable for battery on Thursday after the actor Anthony Rapp filed a lawsuit accusing Mr. Spacey of climbing on top of him and making a sexual advance in 1986, when Mr. Rapp was 14.Mr. Rapp’s claim was one of the most prominent in the early days of the #MeToo movement, as accusers started to come forward with allegations against high-profile men in the entertainment, political and business worlds. Mr. Spacey, a star of the political drama “House of Cards” and a lauded actor who had hosted the Tony Awards months earlier, quickly experienced career blowback.The disclosure by Mr. Rapp, which BuzzFeed News published in October 2017, was followed by more than a dozen other sexual misconduct accusations against Mr. Spacey. He has pleaded not guilty to sexual assault charges in Britain, and outside the courthouse on Thursday, one of his lawyers, Jennifer L. Keller, said he would be proven innocent in all cases.The civil trial to consider Mr. Rapp’s claim of battery hinged on his account of a night in 1986, when, he said, he attended a party at Mr. Spacey’s New York apartment during a Broadway season in which both of them were acting in plays. Mr. Spacey, who was 26 at the time, denied that such an encounter ever occurred.After less than an hour and a half of deliberation, an 11-person jury in the U.S. District Court in Manhattan decided in favor of Mr. Spacey, whose lawyers had hammered Mr. Rapp with questions that challenged his memory of events said to have occurred more than 36 years ago.Following the verdict, Mr. Spacey stood up with tears in his eyes and hugged his lawyers. He was silent during his exit from the courthouse, but Ms. Keller told reporters, “We’re just grateful that the jury saw the truth.”Anthony Rapp sued Mr. Spacey, accusing him of making a sexual advance when Mr. Rapp was 14.Eduardo Munoz/ReutersMr. Rapp was straight-faced in response to the decision. In a statement later posted to his Twitter account, Mr. Rapp said he was “deeply grateful” for the opportunity to have his case heard before a jury.“Bringing this lawsuit was always about shining a light,” the statement said, “as part of the larger movement to stand up against all forms of sexual violence.”Mr. Rapp, an actor on “Star Trek: Discovery” and who is best known for his originating role in the musical “Rent,” was able to bring his claim under a New York State law, the Child Victims Act. The law included a temporary “look-back” window during which old claims that had already passed the statute of limitations could be revived.The jury determined that there was not enough evidence to prove that Mr. Spacey had touched one of Mr. Rapp’s “sexual or intimate” parts, meaning the claim could not be revived under the law. Mr. Rapp testified that when Mr. Spacey picked him up, one of his hands “grazed” his buttocks.Mr. Rapp’s lawyers presented testimony from three men who said he had told them in the mid-1990s or earlier about an encounter with Mr. Spacey. The defense focused on inconsistencies and picked at vagueness in his account, highlighting that Mr. Rapp, 50, presented no third-party corroboration of the gathering on the night that he said the encounter had occurred. Midway through the trial, the judge, Lewis A. Kaplan, dismissed a claim against Mr. Spacey, 63, of intentional infliction of emotional distress.“There is no evidence that this happened and plenty of evidence that it didn’t,” Ms. Keller said in closing arguments.Both actors took the stand to testify, presenting disparate accounts about what happened in the spring of 1986, when Mr. Rapp was a teenage actor in the play “Precious Sons” and Mr. Spacey was in “Long Day’s Journey Into Night.”Mr. Rapp testified that he had withdrawn to the bedroom to watch late-night TV during Mr. Spacey’s party because he did not know any other guests. Once the party wound down, Mr. Rapp testified, Mr. Spacey approached him, picked him up, laid him on the bed and climbed on top of him, pressing his groin into Mr. Rapp’s hip.“I knew something was really wrong now,” Mr. Rapp said, recalling feeling frozen in place.He testified that he was able to wriggle out from under Mr. Spacey, who appeared intoxicated, and escape to the nearby bathroom. Mr. Rapp recalled that before he exited the apartment, Mr. Spacey said, “Are you sure you want to leave?”The defense contended that Mr. Rapp had fabricated the claim to get attention for himself and his career, which he denied.“Does it look like he is enjoying the attention of this?” a lawyer for Mr. Rapp, Richard M. Steigman, said in closing arguments. “He is doing this to hold Kevin Spacey accountable.”Despite issuing an apology shortly after Mr. Rapp made public his allegation, Mr. Spacey testified that the encounter never happened, that he had never been alone with Mr. Rapp and that he had not had a party at his apartment in the time frame Mr. Rapp described.Peter Gallagher and Mr. Spacey in the Broadway show “Long Day’s Journey Into Night” in 1986.Jim Wilson/The New York TimesMr. Spacey said he did recall that Mr. Rapp had attended with a friend a performance of “Long Day’s Journey,” and that afterward, Mr. Spacey had invited them to dinner, then to a nightclub and then back to his apartment.Mr. Spacey said he had flirted with Mr. Rapp’s friend, John Barrowman, who was 19 at the time. Back at Mr. Spacey’s apartment, he said, he pushed Mr. Barrowman gently back onto the bed when Mr. Rapp left for the bathroom. Feeling that Mr. Rapp was too young to see them in a romantic situation, Mr. Spacey said, the two men sat up when Mr. Rapp returned.“I had no interest in Mr. Rapp joining us,” Mr. Spacey testified.Mr. Rapp testified that on the night they all went to the nightclub — which he described as his second time meeting Mr. Spacey — they did not go back to the apartment. In a videotaped deposition, Mr. Barrowman, an actor known for his role in the TV show “Doctor Who,” recalled the series of events that night as Mr. Spacey had.Mr. Rapp called the alleged encounter with Mr. Spacey the most traumatic event of his life. Mr. Rapp testified about moments when he later saw Mr. Spacey onscreen — in films like “American Beauty” and “Working Girl” — and felt startled, sometimes feeling as if “poked with a cattle prod.”Mr. Spacey’s lawyers suggested throughout the trial that Mr. Rapp was motivated to fabricate the accusation because he was envious of Mr. Spacey’s career or frustrated that Mr. Spacey was not public about his relationships with men.Mr. Rapp denied those motivations, asserting that he had come forward to seek belated justice for himself. But during a lengthy and tense cross-examination, he acknowledged that he might have been mistaken about a couple details, including that the alleged encounter had occurred in a separate bedroom in Mr. Spacey’s apartment.Mr. Spacey’s lawyers also questioned Mr. Rapp on similarities between his account and moments of staging in “Precious Sons.” In the play, the character of Mr. Rapp’s father, who was played by Ed Harris, had picked up the character of Mr. Rapp in the same manner that he described Mr. Spacey picking him up — like a groom carrying a bride. Mr. Harris also climbed on Mr. Rapp twice during the play.Mr. Rapp dismissed the idea that there was any connection, saying the staging had been done “with care and consent.”Mr. Rapp’s lawyers pointed to Mr. Spacey’s initial response to Mr. Rapp’s accusation, in which he did not categorically deny the encounter, as supporting evidence for their client. In a statement Mr. Spacey posted after the BuzzFeed article, he said he had no memory of the encounter, adding, “But if I did behave then as he describes, I owe him the sincerest apology for what would have been deeply inappropriate drunken behavior.”In his testimony, Mr. Spacey said he regretted making that apology, attributing the decision to advisers who feared that people would call Mr. Spacey a “victim blamer” if he denied the allegation outright.“I’ve learned a lesson,” Mr. Spacey testified, “which is, never apologize for something you didn’t do.”One additional accuser, Andy Holtzman, testified during the trial that Mr. Spacey had groped him in an office in 1981, when Mr. Holtzman was 27 and Mr. Spacey was several years younger. Mr. Spacey denied doing so. No other accusations were discussed in front of the jury, and Judge Kaplan instructed the jury to disregard two instances when Mr. Rapp had alluded to other allegations against Mr. Spacey during his testimony.As a result of the sexual misconduct allegations against him, Mr. Spacey — who has won two Oscars and a Tony — lost major roles, with an arbitrator ordering him to pay $31 million to the “House of Cards” studio for breach of contract.But the jury’s verdict on Thursday adds to the list of legal victories for Mr. Spacey. Prosecutors dropped a sexual assault charge in Massachusetts, and an anonymous accuser who had originally sued alongside Mr. Rapp decided not to continue his claim when Judge Kaplan ruled that the plaintiff would need to identify himself publicly.“What’s next,” Ms. Keller said outside the courthouse on Thursday, “is that Kevin Spacey is going to be proven innocent of anything he’s been accused of.” More

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    What to Know About Kevin Spacey’s Civil Trial: Anthony Rapp Takes the Stand

    In a lawsuit, Mr. Rapp said Mr. Spacey made a sexual advance when Mr. Rapp was 14. Mr. Spacey is accused of battery and intentional infliction of emotional distress.Five years ago, as the #MeToo movement saw a growing number of high-profile men face accusations of sexual misconduct, a claim against Kevin Spacey emerged while he was starring in the Netflix show “House of Cards.”In an interview with BuzzFeed News, Anthony Rapp, best known for his role in the musical “Rent,” alleged that in 1986, when he was 14, Mr. Spacey picked him up, placed him on a bed and lay down on top of him, making a “sexual advance.”Mr. Rapp told the publication that the encounter occurred around the time both actors were in Broadway shows and that Mr. Spacey, then 26, invited him to a gathering at his Manhattan apartment. Mr. Rapp told BuzzFeed he was able to “squirm” away and leave.Mr. Spacey has denied the allegation.In 2020, Mr. Rapp sued Mr. Spacey, accusing him of assault, battery and intentional infliction of emotional distress. A judge dismissed the assault claim, but on Thursday, lawyers delivered their opening statements about the other claims before a 12-person jury in Federal District Court in Manhattan. Testimony began on Friday, with Mr. Rapp detailing his account of what happened in 1986.Mr. Spacey, who faces criminal sexual assault charges in Britain in a separate case, has been accused of sexual misconduct by more than a dozen men. This is the first time one of those claims has reached a trial.After Mr. Rapp’s public accusation, TV and film producers quickly dropped Mr. Spacey from projects. His character was written out of “House of Cards,” and he was ultimately ordered to pay the studio $31 million for breach of contract. Mr. Rapp currently stars in the TV show “Star Trek: Discovery.”Mr. Spacey, now 63, initially released a statement saying he did not recall the encounter that Mr. Rapp, now 50, had described, saying, “But if I did behave then as he describes, I owe him the sincerest apology for what would have been deeply inappropriate drunken behavior.” In court papers submitted following the lawsuit, Mr. Spacey has vehemently denied that the incident ever occurred.Anthony Rapp said Mr. Spacey made a “sexual advance” when Mr. Rapp was 14.Slaven Vlasic/Getty ImagesWhat is Mr. Rapp’s side telling the jury?Mr. Rapp took the stand on Friday and walked the court through the details of his account. He said that in 1986, when he was 14, he attended a party at Mr. Spacey’s apartment in Manhattan and, realizing he didn’t know any other guests, went into a bedroom and watched television on the edge of the bed. Eventually, Mr. Spacey appeared in the doorway, seeming intoxicated, and approached him, Mr. Rapp testified.Mr. Rapp said Mr. Spacey then picked him up, describing it like a groom carrying a bride over a threshold, and lay down on top of him, putting his weight on his body and pressing his groin into the side of Mr. Rapp’s hip.“I knew something was really wrong now,” Mr. Rapp said, recalling feeling frozen in place.Managing to wriggle out from under Mr. Spacey, Mr. Rapp testified, he went inside a nearby bathroom and shut the door before making his way to leave the apartment.As Mr. Rapp was leaving, he said, Mr. Spacey leaned into the doorway and said, “Are you sure you want to leave?” — the first words Mr. Spacey said to Mr. Rapp during the encounter, he said.Mr. Rapp’s lawyers have argued that this account constitutes battery and that Mr. Rapp suffered severe emotional distress, including depression and anxiety. Battery is legally defined as “the unjustified touching of another person, without that person’s consent, with the intent to cause a bodily contact that a reasonably prudent person would find offensive.” Mr. Rapp testified that it didn’t occur to him at the time to go to the police.The plaintiff’s side has also presented accounts Mr. Rapp gave to others in the years after the incident he described. In opening statements, a lawyer for Mr. Rapp, Peter J. Saghir, also homed in on Mr. Spacey’s statement after the BuzzFeed article, noting that he did not strongly deny Mr. Rapp’s account until his lawsuit was filed.How is Mr. Spacey’s side defending the actor?A lawyer for Mr. Spacey, Jennifer L. Keller, described Mr. Spacey’s initial statement concerning the allegations as the product of a “panic” among his managers and advisers, who advised him to take a certain tone to avoid the “social media mob.”Behind the scenes, Ms. Keller said in court, Mr. Spacey was saying he had no memory of what Mr. Rapp described. In court papers, Mr. Spacey’s lawyers said that he had flatly denied Mr. Rapp’s account, and that although he had recalled meeting Mr. Rapp on a few occasions, those interactions were “peripheral and limited.” When seeking to dismiss the case, Mr. Spacey’s lawyers emphasized in court papers that “by plaintiff’s own admission, there was no groping, no kissing, no undressing, no reaching under clothes, and no sexualized statements or innuendo.”Ms. Keller accused Mr. Rapp of making the allegations to benefit his own career and attract public attention. “It’s not a true story, but he did tell it a lot,” she said, acknowledging that there were people who would recall Mr. Rapp’s telling them about Mr. Spacey in the following years.Ms. Keller alleged that Mr. Rapp had fabricated the story by borrowing details from “Precious Sons,” the Broadway play he was in that year. She said that in the play a character drunkenly mistakes his son, played by Mr. Rapp, for his wife, picking him up and lying on top of him in a way that mirrors Mr. Rapp’s allegations.Mr. Spacey’s team has also focused on his apartment at the time, presenting a floor plan that did not align with details in Mr. Rapp’s account.Who has testified?Mr. Rapp’s lawyers have asserted that Mr. Rapp was not the only victim of sexual misconduct by Mr. Spacey, and Judge Lewis A. Kaplan allowed another accuser to testify.On Friday, that accuser, Andy Holtzman, 68, took the stand. He said that in 1981, Mr. Spacey groped his genitals and rubbed his groin on Mr. Holtzman, who was at the time working in an office at New York Shakespeare Festival Public Theater. Mr. Holtzman testified that Mr. Spacey, who was in a production at the theater company around that time, entered his office and, after Mr. Holtzman got off a phone call, walked up to him, grabbed his groin and pushed him into his desk. Mr. Holtzman, who shared his account on Facebook in 2017, said that after he screamed his objections, Mr. Spacey angrily left the room.In a deposition, Mr. Spacey denied Mr. Holtzman’s allegations, saying he did not recall any dealings with him. A lawyer for Mr. Spacey, Chase Scolnick, challenged Mr. Holtzman’s account in cross-examination, questioning how he would have recognized Mr. Spacey, who was not well known at the time, and why he did not tell superiors at work.Two other witnesses testified that Mr. Rapp told them about his encounter with Mr. Spacey in the mid-1990s.Christopher Denny, 65, who works in the theater industry, testified that Mr. Rapp, whom he described as a friend, told him about an encounter with Mr. Spacey in the mid-1990s. Sean Snow, a friend of Mr. Rapp’s, testified by video deposition that Mr. Rapp also told him the same story.Mr. Scolnick pointed out in his questioning of the witnesses that they did not have any firsthand knowledge of the incident.Who else is expected to testify?Mr. Spacey’s lawyers have indicated that one of their key witnesses may be John Barrowman, an actor known for his role in the TV show “Doctor Who.” He was an acquaintance of Mr. Rapp when they were teenagers and visited him in New York in 1986 to see “Precious Sons.” Mr. Barrowman and Mr. Rapp met Mr. Spacey backstage at a play, Mr. Spacey’s lawyers said, asserting that Mr. Barrowman’s account of events that year do not align with Mr. Rapp’s.Mr. Spacey’s lawyers have indicated that they may call Adam Vary, the BuzzFeed journalist who wrote the initial article.Why is Mr. Rapp able to bring this claim now?Because Mr. Rapp’s claims extend beyond the statute of limitations, he is relying on a law called the Child Victims Act, which New York State passed in 2019. It included a “look-back window” — a limited period of time in which people who say they were sexually abused as children could sue.The plaintiff and the defense dispute whether the law applies in this case.Mr. Spacey’s lawyers assert that based on the legislation, a plaintiff can revive claims only if they constitute a “sexual offense” that violates penal law, and they argue that Mr. Rapp’s allegations do not meet that threshold. Mr. Rapp’s lawyers have said that sexual contact, under the law, can include touching over the clothing or forcefully holding the victim, as their client alleges. What has become of other legal claims against Mr. Spacey?Mr. Rapp originally sued with an anonymous plaintiff, who alleged that he was a teenager when Mr. Spacey sexually assaulted him while working as an acting coach in the 1980s. Judge Kaplan ruled that the plaintiff would have to identify himself publicly if he wanted to continue on to trial, which he declined to do.In another case, in 2019, prosecutors in Massachusetts dropped a sexual assault charge after the accuser was warned that he could be charged with a felony if he had deleted phone evidence. The man, who had accused Mr. Spacey of fondling him at a Nantucket restaurant when he was 18, refused to continue his testimony.Later that year, a separate lawsuit in California that had accused Mr. Spacey of sexually assaulting a massage therapist was dropped after the plaintiff died.In Britain, Mr. Spacey is facing four charges of sexual assault as well as one of causing a person to engage in penetrative sexual activity without consent. He pleaded not guilty, and a trial is expected to start next summer. More

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    What to Know About Kevin Spacey’s Civil Trial: Lawyers Make Opening Statements

    In a lawsuit, the actor Anthony Rapp said Mr. Spacey made a sexual advance when Mr. Rapp was 14. Mr. Spacey is accused of battery and intentional infliction of emotional distress.Five years ago, as the #MeToo movement saw a growing number of high-profile men face accusations of sexual misconduct, a claim against Kevin Spacey emerged while he was starring in the Netflix show “House of Cards.”In an interview with BuzzFeed News, Anthony Rapp, best known for his role in the musical “Rent,” alleged that in 1986, when he was 14, Mr. Spacey picked him up, placed him on a bed and laid down on top of him, making a “sexual advance.”Mr. Rapp told the publication that the encounter occurred around the time both actors were in Broadway shows and that Mr. Spacey, then 26, invited him to a gathering at his Manhattan apartment. Mr. Rapp told BuzzFeed he was able to “squirm” away and leave.Mr. Spacey has denied the allegation.In 2020, Mr. Rapp sued Mr. Spacey, accusing him of assault, battery and intentional infliction of emotional distress. A judge dismissed the assault claim, but on Thursday, lawyers delivered their opening statements about the other claims before a 12-person jury in Federal District Court in Manhattan. Testimony begins on Friday.Mr. Spacey, who faces criminal sexual assault charges in Britain in a separate case, has been accused of sexual misconduct by more than a dozen men. This is the first time one of those claims has reached a trial.After Mr. Rapp’s public accusation, TV and film producers quickly dropped Mr. Spacey from projects. His character was written out of “House of Cards,” and he was ultimately ordered to pay the studio $31 million for breach of contract. Mr. Rapp currently stars in the TV show “Star Trek: Discovery.”Mr. Spacey, now 63, initially released a statement saying he did not recall the encounter that Mr. Rapp, now 50, had described, saying, “But if I did behave then as he describes, I owe him the sincerest apology for what would have been deeply inappropriate drunken behavior.” In court papers submitted following the lawsuit, Mr. Spacey has vehemently denied that the incident ever occurred.Anthony Rapp said Spacey made a “sexual advance” when Rapp was 14.Slaven Vlasic/Getty ImagesWhat is Mr. Rapp’s side telling the jury?In opening statements on Thursday, a lawyer for Mr. Rapp, Peter J. Saghir, described how Mr. Spacey invited Mr. Rapp to a party at his apartment in 1986, after they met while performing in separate Broadway shows. Mr. Rapp, who was 14 at the time, decided to sit on the edge of Mr. Spacey’s bed watching television instead of mingling with strangers who were older than him, Mr. Saghir told the jury.Mr. Rapp then saw Mr. Spacey enter the bedroom and realized the other guests had left, his lawyer said. Mr. Spacey picked Mr. Rapp up in his arms, Mr. Saghir said, describing the position like a groom carrying a bride over the threshold. According to Mr. Rapp’s account, Mr. Spacey appeared drunk and laid down on top of him, pressing his pelvis into the side of Mr. Rapp’s hip.“I recall being frozen and shocked and upset and scared,” Mr. Rapp said in an earlier deposition.As Mr. Rapp left Mr. Spacey’s apartment, Mr. Saghir told the jury, the older actor leaned into the doorway and asked, “Are you sure you want to go?”Mr. Rapp’s lawyers have argued that this account constitutes battery and that Mr. Rapp suffered severe emotional distress, including depression and anxiety. Battery is legally defined as “the unjustified touching of another person, without that person’s consent, with the intent to cause a bodily contact that a reasonably prudent person would find offensive.” The plaintiff’s side is expected to tell the jury about accounts Mr. Rapp gave to others in the years after the alleged incident. In opening statements, Mr. Saghir also homed in on Mr. Spacey’s statement after the BuzzFeed article, noting that he did not strongly deny Mr. Rapp’s account until his lawsuit was filed.How is Mr. Spacey’s side defending the actor?A lawyer for Mr. Spacey, Jennifer L. Keller, described Mr. Spacey’s initial statement concerning the allegations as the product of a “panic” among his managers and advisers, who advised him to take a certain tone to avoid the “social media mob.”Behind the scenes, Ms. Keller said in court, Mr. Spacey was saying he had no memory of what Mr. Rapp described. In court papers, Mr. Spacey’s lawyers said that he had flatly denied Mr. Rapp’s account, that he had recalled meeting Mr. Rapp on a few occasions but that those interactions were “peripheral and limited.” When seeking to dismiss the case, Mr. Spacey’s lawyers emphasized in court papers that “by plaintiff’s own admission, there was no groping, no kissing, no undressing, no reaching under clothes, and no sexualized statements or innuendo.”Ms. Keller accused Mr. Rapp of making the allegations to benefit his own career and attract public attention. “It’s not a true story, but he did tell it a lot,” she said, acknowledging that there were people who would recall Mr. Rapp’s telling them about Mr. Spacey in the following years.Ms. Keller alleged that Mr. Rapp had fabricated the story by borrowing details from “Precious Sons,” the Broadway play he was in that year. She said that in the play a character drunkenly mistakes his son, played by Mr. Rapp, for his wife, picking him up and laying on top of him in a way that mirrors Mr. Rapp’s allegations.Mr. Spacey’s team has also focused on his apartment at the time, presenting a floor plan that did not align with details in Mr. Rapp’s account.Who is expected to testify?Mr. Rapp’s lawyers have asserted that Mr. Rapp was not the only victim of sexual misconduct by Mr. Spacey, and Judge Lewis A. Kaplan has agreed to allow another accuser to testify.That accuser, Andy Holtzman, says that in 1981, Mr. Spacey groped his genitals and rubbed his groin on Mr. Holtzman. In a deposition, Mr. Spacey denied Mr. Holtzman’s allegations, saying he did not recall any dealings with him.Mr. Spacey’s lawyers have indicated that one of their key witnesses may be John Barrowman, an actor known for his role in the TV show “Doctor Who.” He was an acquaintance of Mr. Rapp when they were teenagers and visited him in New York in 1986 to see “Precious Sons.” Mr. Barrowman and Mr. Rapp met Mr. Spacey backstage at a play, Mr. Spacey’s lawyers said, asserting that Mr. Barrowman’s account of events that year do not align with Mr. Rapp’s.Both sides are likely to call witnesses who have said that Mr. Rapp told them about the allegations, and Mr. Spacey’s lawyers may call Adam Vary, the BuzzFeed journalist who wrote the initial article.Why is Mr. Rapp able to bring this claim now?Because Mr. Rapp’s claims extend beyond the statute of limitations, he is relying on a law called the Child Victims Act, which New York State passed in 2019. It included a “look-back window” — a limited period of time in which people who say they were sexually abused as children could sue.The plaintiff and the defense dispute whether the law applies in this case.Mr. Spacey’s lawyers assert that based on the legislation, a plaintiff can revive claims only if they constitute a “sexual offense” that violates penal law, and they argue that Mr. Rapp’s allegations do not meet that threshold. Mr. Rapp’s lawyers have said that sexual contact, under the law, can include touching over the clothing or forcefully holding the victim, as their client alleges. What has become of other legal claims against Mr. Spacey?Mr. Rapp originally sued with an anonymous plaintiff, who alleged that he was a teenager when Mr. Spacey sexually assaulted him while working as an acting coach in the 1980s. Judge Kaplan ruled that the plaintiff would have to identify himself publicly if he wanted to continue on to trial, which he declined to do.In another case, in 2019, prosecutors in Massachusetts dropped a sexual assault charge after the accuser was warned that he could be charged with a felony if he had deleted phone evidence. The man, who had accused Mr. Spacey of fondling him at a Nantucket restaurant when he was 18, refused to continue his testimony.Later that year, a separate lawsuit in California that had accused Mr. Spacey of sexually assaulting a massage therapist was dropped after the plaintiff died.In Britain, Mr. Spacey is facing four charges of sexual assault as well as one of causing a person to engage in penetrative sexual activity without consent. He pleaded not guilty, and a trial is expected to start next summer. More