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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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    Anthony Rapp Said Anguish Returned When He Saw Kevin Spacey Onscreen

    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

    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

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    Kevin Spacey Ordered to Pay $31 Million to ‘House of Cards’ Studio

    An arbitrator ruled last year that Kevin Spacey and his production companies owe MRC, the studio behind the Netflix series “House of Cards,” nearly $31 million for breach of contract following numerous sexual harassment allegations against the actor.The secret arbitrator’s ruling, which was issued 13 months ago, was made public on Monday when lawyers for MRC petitioned a California court to confirm the award.Mr. Spacey was once the centerpiece of the hit Netflix series, which ran for six seasons between 2013 and 2018. Mr. Spacey played the main character, the conniving politician Frank Underwood, and served as an executive producer of the series.While the sixth and final season was being filmed in 2017, the actor Anthony Rapp accused Mr. Spacey of making a sexual advance toward him in 1986, when Mr. Rapp was 14. MRC and Netflix suspended production on the series while they investigated.Mr. Rapp’s public accusation came just weeks after The New York Times and The New Yorker published articles about the producer Harvey Weinstein and as the #MeToo movement was gaining steam.By December 2017, after further allegations were made against Mr. Spacey, including by crew members of “House of Cards,” MRC and Netflix fired the actor from the show.In the arbitration, MRC argued that Mr. Spacey’s behavior caused the studio to lose millions of dollars because it had already spent time and money in developing, writing and shooting the final season. It also said it brought in less revenue because the season had to be shortened to eight episodes from the 13 because Mr. Spacey’s character was written out.The arbitrator apparently agreed, issuing a reward of nearly $31 million, including compensatory damages and lawyers’ fees.A lawyer for Mr. Spacey declined to comment.In a statement, MRC said, “The safety of our employees, sets and work environments is of paramount importance to MRC and why we set out to push for accountability.” More

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    A Kevin Spacey Accuser Tried to Sue Anonymously. A Judge Said No.

    As sexual assault cases proliferate, judges must weigh accusers’ requests for anonymity against the tradition of open courts and fairness toward defendants.The man said he was 14 years old when he was sexually assaulted by the actor Kevin Spacey in the early 1980s. Last year he filed a lawsuit against Mr. Spacey in which he sought to maintain anonymity, identifying himself in court papers only as “C.D.”Earlier this year the judge in the case, which is being heard in the Southern District in New York, ordered the man’s lawyers to identify him privately to Mr. Spacey’s lawyers. And this month the judge, Lewis A. Kaplan, went further: he ruled that C.D. would have to identify himself publicly if he wanted to continue on to trial.The man’s lawyers responded Thursday that he would not, writing that the “sudden unwanted attention that revelation of his identity will cause is simply too much for him to bear.” They said in a letter to the court that they expect him to be removed from the case — which involves another plaintiff, who is using his real name — but suggested that they plan to pursue an appeal.In the #MeToo era, as more people have been turning to civil courts with accounts of sexual assault, judges are increasingly being asked to weigh the strong desire of many accusers to maintain their anonymity against the presumption of openness in the court system and the ability of the accused to defend themselves.“It’s the idea of balancing an open court system with the idea of protecting someone’s right to seek relief,” said Jayne S. Ressler, an associate professor of law at Brooklyn Law School.While anonymity has long been allowed under certain limited circumstances if it protects an accuser from harassment or other harm, courts tend to weigh it against the general principle that complaints must name both the defendant and accuser.The issue tends to come down to whether the benefits of anonymity, and of allowing a victim to come forward freely, outweigh the public’s interest in being able to scrutinize what is happening in the courts and the defendant’s ability to mount an effective defense.People who work to combat sexual violence warn that requiring people to use their own names could discourage some victims from seeking justice.“The risk of being publicly identified is a huge deterrent to coming forward for many survivors of sexual violence,” said Erinn Robinson, a spokeswoman for RAINN, the Rape, Abuse and Incest National Network. “Decisions in these cases should always be made with a trauma-informed and victim-centered understanding of the impact this can have on survivors’ healing.”Harvey Weinstein arrives at State Supreme Court in Manhattan in February 2020.Desiree Rios for The New York TimesBut lawyers for the accused said that it is difficult to mount a defense against people who file cases anonymously, or using pseudonyms. “An increasing amount of lawsuits will attempt to be filed under a pseudonym, and that’s concerning because the justice system in our country has as its fabric an open court system and a level playing field,” said Imran H. Ansari, a lawyer who represents Harvey Weinstein.It is not uncommon these days for accusers to bring sexual assault cases anonymously and then, if they fail to negotiate settlements out of court, to be ordered by judges to come forward in their own name before taking their claims to trial, legal experts said.Last month, state court judges in Texas said that most of the 22 women who had sued Deshaun Watson, the Houston Texans star quarterback, had to identify themselves, even after they said they feared intimidation efforts.A judge in New York federal court last September denied a woman’s request to sue Mr. Weinstein anonymously. (The case has since been voluntarily withdrawn.)Professor Ressler said that though the principle of the open court still dominated many decisions, she had detected an uptick in sympathy from courts toward sexual assault plaintiffs suing anonymously.“It appears that some courts are less reluctant to allow anonymity, let’s put it like that,” she said. “Most judges do tend to rule against anonymity, but not all.”She pointed to a 2018 case in New York Supreme Court where a trial judge allowed a number of plaintiffs to proceed anonymously against a doctor, and a Massachusetts Superior Court case in 2019 when a court imposed anonymity on a plaintiff, who was a student.One of Mr. Spacey’s other accusers, a massage therapist who had accused Mr. Spacey of groping and trying to kiss him before offering him oral sex during a massage, was permitted by a federal judge in California to file a lawsuit under a pseudonym, although that case was dismissed after the plaintiff died unexpectedly ahead of the trial.Experts say that in the #MeToo era, some courts are becoming more understanding of the high costs sexual assault victims pay personally when they come forward publicly.There is also more acknowledgment that in the modern hyper-connected society, when information spreads widely and quickly online and remains easily searchable for years, there is less chance of privacy once a name becomes public.“There is a sense that your name can live on in perpetuity connected with something terrible, so you have to have a chance without your name being associated with it,” said Andrew Miltenberg, a lawyer who has represented men accused of sexual assault.Even so, Mr. Miltenberg said, eventually, “A judge tends to say, ‘Yes, you can proceed like that but know that if we end up in front of a jury, think very hard, because I am going to open the court.’”Mr. Spacey, 61, has faced a series of sexual misconduct allegations in recent years.In 2018, he was charged with sexual assault in Nantucket, Mass., after an 18-year-old man accused him of fondling him in a restaurant two years earlier. But prosecutors there dropped the case after the accuser invoked the Fifth Amendment and refused to continue testifying after Mr. Spacey’s lawyer warned that he could be charged with a felony if he had deleted evidence from his cellphone.In the most recent case, the plaintiff, identified as “C.D.,” claimed that he met Mr. Spacey as a teenager in an acting class in Westchester County in the early 1980s.According to the lawsuit, Mr. Spacey invited the student to his apartment when they met again a few years later and he was still a minor, and “engaged in sexual acts” with him on multiple different occasions. In their final encounter, Mr. Spacey assaulted the teenager despite his resisting and saying “no,” the lawsuit said.In an interview with BuzzFeed News in 2017, the actor Anthony Rapp accused Mr. Spacey of making an inappropriate sexual advance toward Mr. Rapp when he was 14.Evan Agostini/Invision, via Associated PressC.D. filed the lawsuit with another accuser, Anthony Rapp, who first made accusations against Mr. Spacey in 2017. Mr. Spacey has denied C.D.’s and Mr. Rapp’s sexual misconduct accusations.In court papers, lawyers for C.D. argued that he would suffer psychological trauma if his name became public.“The thought of my name being circulated in the media and on the internet and of people contacting me as a victim of Kevin Spacey terrifies me,” C.D. wrote in court papers.But the case raised questions about the difficulty of defending a sexual assault case when the accuser insists on remaining anonymous.Even after the court had ruled that Mr. Spacey’s lawyers should privately be told C.D.’s real name, they argued that their ability to conduct discovery and investigate C.D.’s claims would be hampered if he could maintain his anonymity toward the public. They would be unable to disclose his name to witnesses, they noted, while potential witnesses who could have relevant information might not come forward if his real name was not publicized.Mr. Spacey’s “ability to investigate and conduct discovery of CD’s claims and prepare for trial would be severely inhibited,” his lawyers wrote in legal documents.Judge Kaplan agreed.He conceded that privacy was diminished by the internet and that the case involved sensitive and personal issues, both points arguing for anonymity.However, in ruling for shedding anonymity, the judge emphasized that C.D. himself had spoken to people about Mr. Spacey as far back at the 1990s, and had given an anonymous interview about Mr. Spacey to Vulture in 2017. He also noted that C.D. is no longer a child.“Though CD brings allegations relating to alleged sexual abuse as a minor, he now is an adult in his 50s who has chosen to level serious charges against a defendant in the public eye,” Judge Kaplan wrote. “Fairness requires that he be prepared to stand behind his charges publicly.”Both a lawyer for C.D., Peter J. Saghir, and for Spacey, Chase A. Scolnick, declined to comment.Experts said criminal cases offer greater anonymity protection to sexual assault victims than civil cases. In civil claims, the two parties often try to negotiate a settlement, and in practice few cases in fact proceed to trial. A judge’s ruling to lift anonymity sometimes acts as a catalyst to force a settlement, legal experts said.Lawyers for plaintiffs say they urge their clients to be realistic when it comes to seeking anonymity.“When you represent these survivors you have to tell them, there is no guarantee you are going to be able to proceed anonymously,” said John C. Clune, a lawyer who represented a plaintiff who had to refile a case against Kobe Bryant under her real name in a 2004 civil case. “They know they have a fighting chance, but they are also prepared mentally in case they lose.” More

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    The Birth of ‘Rent,’ Its Creator’s Death and the 25 Years Since

    AdvertisementContinue reading the main storySupported byContinue reading the main storyThe Birth of ‘Rent,’ Its Creator’s Death and the 25 Years SinceWith a virtual performance marking the Broadway musical’s anniversary, original cast and creative team members talk about losing Jonathan Larson and carrying on his legacy.Jonathan Larson, left, who wrote the music, lyrics and book of “Rent,” with the play’s director, Michael Greif, in 1996.Credit…Sara Krulwich/The New York TimesFeb. 25, 2021Updated 3:04 p.m. ETWhat’s 525,600 times 25?It has been 25 years — or, to use a memorable “Seasons of Love” calculation, 13.14 million minutes — since “Rent” upended Broadway’s sense of what musical theater could be. Jonathan Larson’s rock-infused reboot of “La Bohème” had already generated positive chatter during its Off Broadway rehearsals at New York Theater Workshop. But then came full-throated shouts of disbelief and anguish on Jan. 25, 1996, when, hours after the final dress rehearsal, Larson was found dead in his apartment from an aortic aneurysm. He was 35 years old.His shocking death came right before the start of previews, when a creative team typically makes changes based on audience reactions. After briefly considering whether to bring in a script doctor, the team decided instead to streamline Larson’s music and lyrics as needed.The move paid off. Within weeks, “Rent” had achieved a level of hype that would not be rivaled on Broadway until “Hamilton” almost 20 years later: earning rave reviews (The New York Times’s Ben Brantley said it “shimmers with hope for the future of the American musical”); a Pulitzer Prize for Drama; and a frantic transfer to Broadway, where it ran for 12 years and won four Tony Awards.Members of the original Broadway cast in “25 Years of Rent: Measured in Love,” which will stream on Tuesday.Credit…via New York Theater WorkshopOn Tuesday, New York Theater Workshop will use its annual fund-raising gala to commemorate the show’s silver anniversary with “25 Years of Rent: Measured in Love.” The largely prerecorded virtual performance, available to stream through March 6, will feature most of the original cast, who still communicate regularly in a group chat, along with high-profile “Rent”-heads like Lin-Manuel Miranda, Ben Platt, Billy Porter and Ali Stroker.Members of the original production’s cast and creative team discussed the stratospheric heights and ghastly lows of 1996, remembering the gifted young writer who would have been 61 years old today. Here are the lightly edited excerpts.‘We had to do it for Jonathan’NANCY KASSAK DIEKMANN, former managing director of New York Theater Workshop: Jonathan had the kind of health insurance where he could only go to the emergency room, and he had already been once. They told him it was food poisoning or something, and they sent him home. On the day of the final dress rehearsal, he wasn’t feeling well, and he called to say he was going to take a nap. I said to him, “Jon, why don’t you let me make you an appointment and pay for you to see my doctor?” I always wonder what would have happened if he had gone.JAMES C. NICOLA, artistic director of New York Theater Workshop: Everyone felt a degree of ownership and responsibility to do their absolute best on his behalf. It ceased being a job and became a calling.Anthony Rapp, left, and Adam Pascal in rehearsal at the New York Theater Workshop in 1996.Credit…Sara Krulwich/The New York TimesANTHONY RAPP, who played Mark: From that last dress rehearsal until mid-July, no one missed a performance. It seemed impossible. No one could. I don’t say that to brag. I just think it showed our level of commitment. We had to do it for Jonathan.MICHAEL GREIF, director: One terrible advantage of being in your mid-30s working on “Rent” was that you had a decade of experience of loss. Jonathan’s death made him part of the community he was honoring.ADAM PASCAL, who played Roger: People are often surprised to hear this, but I only knew Jonathan for about four weeks. I was cast in December, and he died in January. I grieved the loss on behalf of his family, who we got to know afterward. But I personally miss him the way the public misses him. I miss the music that never got written.‘We did a lot of cutting’NICOLA: Four of us met the day after Jonathan died — me, Michael Greif, Tim Weil and Lynn Thomson [the dramaturge]. And one thing that came up was, “Should we bring in another composer/writer to finish the job? Is that the choice that has integrity?” But we quickly decided against it.TIM WEIL, musical supervisor: Our idea was, “Let’s do what Jonathan wanted us to do,” even if we couldn’t know exactly what that was.GREIF: We did a lot of cutting. We cut things that we felt Jonathan would agree to or even advocate cutting.RAPP: I think Jonathan was raring to go for the preview process. It would have been very discombobulating and weird for morale to have a foreigner — I mean that artistically, not xenophobically — come in at that point.DIEKMANN: Tim had to step up on the musical side, and he did. He and Michael knew what Jonathan wanted — because, God knows, he was there all the time.WEIL: I still continue to make little bitty changes for new productions, since it has always been tailored to specific performers. I think I’m the only one who has that kind of license.‘Everything was just coming at us’WILSON JERMAINE HEREDIA, who played Angel: Everything was just coming at us, and there was a part of me that was on automatic pilot. The only thing that felt safe and constant was going back on that stage every night. The most stable thing was that it was happening to all of us.DAPHNE RUBIN-VEGA, who played Mimi: Today is 12 weeks out from a partial knee replacement for me. And part of me is like, “How did I get here?” But I know exactly how I got here: by playing Mimi eight times a week.RAPP: I have weird little nagging injuries that still bother me from carrying around that video camera for two hours straight.Daphne Rubin-Vega, who played Mimi in the original cast, with Adam Pascal, who played Rodger. Credit…via New York Theater Workshop‘Representation really matters’GREIF: The idealism and openheartedness of the piece, which I was very wary of at the time and found myself guarding against, has had a profound impact on very, very young people. I’m talking 12- and 13-year-olds. And in many ways, “Rent” opened the door to the possibility of the musicals I went on to direct, musicals like “Next to Normal” and “Dear Evan Hansen.”RUBIN-VEGA: Representation really matters, and it was important for a woman who looks like me to be thrust into that ingénue role.PASCAL: It is something that I’m clearly forever connected to. And it is something that is still literally paying the rent. Do you know about Cameo? Earlier today, I did five Cameos where I sang “Rent” songs.NICOLA: I am just now able to hear these songs without any baggage or context — just hear them as musical theater songs. And I’m thinking, “These are really good songs.”AdvertisementContinue reading the main story More