New York Child Victims Act (2019)

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    Kevin Spacey Is Cleared of Anthony Rapp’s Battery Claim

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    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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      Anthony Rapp Said Anguish Returned When He Saw Kevin Spacey Onscreen

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      In testimony in a civil trial, Mr. Rapp argued that Mr. Spacey had inflicted emotional distress by climbing atop him in a bed when Mr. Rapp was 14. Mr. Spacey says the encounter didn’t happen.Watching Kevin Spacey’s character show sexual interest in a teenager in the film “American Beauty” was “unpleasantly familiar,” the actor Anthony Rapp testified in federal court on Tuesday, describing a repeated reaction he had in the years after Mr. Spacey climbed on top of him and made a sexual advance, which Mr. Rapp said occurred when he was 14.Whenever he would see Mr. Spacey — a rising Hollywood star — appear in movies or in person, such as the day of the Tony Awards, Mr. Rapp said he would instantly recall the encounter, which Mr. Spacey denies ever happened. Even a brief appearance by Mr. Spacey in the 1980s movie “Working Girl,” in which his character propositions a secretary in a limousine, startled and upset Mr. Rapp.“It was as if someone poked me with a cattle prod,” Mr. Rapp testified.Mr. Rapp, a stage and screen actor best known for his role in the musical “Rent,” has sued Mr. Spacey over the incident, which he said occurred in 1986, when Mr. Spacey was 26. Mr. Rapp has accused Mr. Spacey of battery and intentional infliction of emotional distress, and the civil trial, which began in federal court in Manhattan on Thursday, has centered not just on whether the encounter happened as Mr. Rapp described, but whether he has psychologically suffered from it over the past three decades.“As his name and notoriety increased, it was harder and harder to escape,” testified Mr. Rapp, who is seeking damages from Mr. Spacey.During cross-examination, a lawyer for Mr. Spacey, Jennifer L. Keller, hammered Mr. Rapp on discrepancies between his testimony and earlier versions of his account, questioning whether he was being “deliberately vague” about his recollections.Mr. Rapp, 50, has testified that after a party at Mr. Spacey’s Manhattan apartment, Mr. Spacey picked him up, laid him on a bed and climbed on top of him, with Mr. Spacey’s pelvis pressing into the side of his hip, before Mr. Rapp was able to escape.There were no resulting criminal charges, but Mr. Rapp filed a lawsuit in 2020 with the help of a New York State law called the Child Victims Act, which includes a limited period of time in which people who say they were sexually abused as children could sue.Mr. Spacey, 63, won an Oscar for his roles in “American Beauty” and “The Usual Suspects,” and is also known for his monologues as the sinister politician Frank Underwood in the Netflix series “House of Cards.” He has been accused of sexual misconduct by more than a dozen men, but this is the first time the actor has stood trial. In Britain, he awaits trial on sexual assault charges, and has pleaded not guilty in that case.When Mr. Rapp took the stand on Friday, he walked the jury through his account of the night in 1986, when, he said, he attended a party at Mr. Spacey’s high-rise apartment. Mr. Rapp, who was a child actor in the Broadway show “Precious Sons” that year, did not recognize any other guests, so he went inside Mr. Spacey’s bedroom and sat on the edge of the bed watching TV, he testified. After some time, Mr. Spacey showed up in the doorway, Mr. Rapp said, appearing unsteady on his feet and glassy-eyed.Walking over to the bed, Mr. Spacey picked up him up, Mr. Rapp testified, describing the positioning like a groom carrying a bride over the threshold. Then Mr. Spacey laid him down onto the bed and climbed on top of him, pressing his “full weight” into him, Mr. Rapp said.“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 shut himself into a nearby bathroom before making his way to leave the apartment. Mr. Spacey leaned into the front door and said, “Are you sure you want to leave?” — the first words Mr. Spacey said during the encounter, Mr. Rapp said.Last week, Mr. Rapp’s side also presented testimony from two friends of Mr. Rapp’s who say that in the mid-1990s he told them about the encounter with Mr. Spacey.In her cross-examination on Tuesday, Ms. Keller pointed to an inaccuracy from earlier comments by Mr. Rapp, in which he said that he had been inspired to tell BuzzFeed News about his account after reading a guest essay in The New York Times by the actress Lupita Nyong’o in which she wrote about how she felt unsafe when the Hollywood producer Harvey Weinstein asked to give her a massage.Ms. Keller presented text messages between Mr. Rapp and the BuzzFeed journalist, Adam Vary, that showed that Mr. Rapp had first contacted Mr. Vary about his account several days before Ms. Nyong’o’s account was published.At an awards event in 2018, Mr. Rapp had described how he decided to go public, so Ms. Keller said that “the bottom line is your acceptance speech in 2018 was not truthful.”Mr. Rapp responded, “I’m learning right now it wasn’t true.”In her questioning, Ms. Keller also pointed out that Mr. Rapp’s original lawsuit claimed that Mr. Spacey had “grabbed” Mr. Rapp’s buttocks, but that Mr. Rapp later said Mr. Spacey’s hand had “grazed” his buttocks while he was picking him up. Ms. Keller also disputed Mr. Rapp’s account of the apartment in which he said the encounter took place. Mr. Rapp has testified that he went inside a separate bedroom to watch TV and did not notice the other guests leave, but Mr. Spacey’s defense team has asserted that he was living in a studio apartment at the time without a separate bedroom.“Is it possible you’re completely wrong about that?” Ms. Keller asked Mr. Rapp, to which he responded, “It’s possible, and I remember a bedroom.”The defense has asserted — and Mr. Rapp agrees — that no one has come forward to confirm that he or she attended the party at Mr. Spacey’s apartment. It has also suggested that Mr. Rapp fabricated the allegation out of envy for Mr. Spacey’s career, which he denies.Earlier in the day, Mr. Rapp testified that he had not discussed the accusations with a therapist until October 2017, the month the BuzzFeed article was published. It was the first time he had processed the long-term effect the encounter had had on his life, he said.“I began to, in general, have intruding thoughts about it — sleepless nights sometimes,” he testified.Unlike in a criminal trial, jurors in a civil trial do not need to find that the defendant committed the offenses beyond a reasonable doubt. Instead, the 12-person jury will be asked to consider whether the greater weight of the evidence is in the plaintiff’s or defendant’s favor. More

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

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      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