Spacey’s lawyers argued the alleged encounter cannot qualify as sexual abuse under New York’s laws because the only alleged contact with an “intimate” part of the body by Spacey was when his hand grazed the 14-year-old Rapp’s buttocks.
The lawyers wrote in papers filed in Manhattan federal court that the alleged events Rapp described never occurred. Rapp has appeared in “Rent” on Broadway and in “Star Trek: Discovery” on television.
He alleged in his lawsuit that he went to a party in 1986 at Spacey’s Manhattan home, where a 26-year-old Spacey, without Rapp’s consent, “engaged in a sexual advance” by grabbing Rapp’s buttocks and lifting him onto a bed and laying on his body. Rapp claimed he “was forced to extricate himself” before leaving the party.
Spacey’s lawyers argued the alleged encounter cannot qualify as sexual abuse under New York’s laws because the only alleged contact with an “intimate” part of the body by Spacey was when his hand grazed the 14-year-old Rapp’s buttocks when the older actor picked him up. The lawyers said Rapp “wriggled out” with no resistance during an encounter of less than 30 seconds.
There was no other evidence that would suggest any fleeting contact between Spacey’s hand and Rapp’s buttocks was for the purpose of sexual gratification or to degrade or abuse Rapp, the lawyers wrote. The lack of evidence means Rapp’s claims for assault, battery and intentional infliction of emotional distress must fail, the lawyers said.Lawyers for Rapp did not immediately respond to a request for comment.