The lawsuit, filed by actor Anthony Rapp, accuses Spacey of assault, battery and intentionally inflicting emotional distress. The suit accuses Spacey of groping Rapp’s buttocks in 1986, when Rapp was 14, and says Spacey placed the then-teen on a bed and put his body partially on top of Rapp.
At Rapp’s deposition, he tested that there was “no kissing, no undressing, no reaching under clothes, and no sexualized statements or innuendo,” and that the incident took no more than two minutes, according to US District Judge Lewis Kaplan’s order Monday.
Kaplan said there is “a genuine issue of material fact” as to whether Spacey, whose legal name is Kevin Spacey Fowler, engaged in forcible touching of Rapp’s “intimate parts.” Kaplan ruled that Rapp can pursue his claims of battery and intentional infliction of emotional distress but not assault, due to statute of limitations restrictions.
Kaplan also denied Rapp’s motion to send the case back to state court, where he originally filed his suit in 2020.
An attorney for Rapp had no comment. CNN has reached out to an attorney for Spacey for comment. In March, Spacey’s attorneys said in a legal filing that Rapp’s “allegations are, quite simply, false and never occurred.”
The trial for the civil suit is expected to begin in New York on October 4, according to court filings.