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| What to Know About Kevin Spacey’s Civil Trial: Spacey Found Not Liable | |
| (about 2 hours later) | |
| 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.” | 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.” | 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. 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. |
| On Thursday, a federal jury found Mr. Spacey not liable for battery. | |
| 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.” Mr. Spacey began vehemently denying that the incident ever occurred, however, after Mr. Rapp sued him in 2020, accusing him of assault, battery and intentional infliction of emotional distress. The civil trial began Oct. 6 in the Federal District Court in Manhattan. | 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.” Mr. Spacey began vehemently denying that the incident ever occurred, however, after Mr. Rapp sued him in 2020, accusing him of assault, battery and intentional infliction of emotional distress. The civil trial began Oct. 6 in the Federal District Court in Manhattan. |
| Judge Lewis A. Kaplan dismissed the assault claim before the trial, and dismissed the emotional distress claim on Monday, after Mr. Rapp’s side finished presenting its case. Mr. Rapp testified that he was upset whenever Mr. Spacey appeared onscreen, and that the encounter in 1986 was the most traumatic event of his life. | Judge Lewis A. Kaplan dismissed the assault claim before the trial, and dismissed the emotional distress claim on Monday, after Mr. Rapp’s side finished presenting its case. Mr. Rapp testified that he was upset whenever Mr. Spacey appeared onscreen, and that the encounter in 1986 was the most traumatic event of his life. |
| Mr. Spacey spent more than six hours on the witness stand. He testified on Monday that he released the public apology because of bad advice from his publicists, not because the encounter with Mr. Rapp had occurred. On Tuesday, under cross-examination, Mr. Spacey admitted that he had lied when he wrote in his public statement that he respected and admired Mr. Rapp. | Mr. Spacey spent more than six hours on the witness stand. He testified on Monday that he released the public apology because of bad advice from his publicists, not because the encounter with Mr. Rapp had occurred. On Tuesday, under cross-examination, Mr. Spacey admitted that he had lied when he wrote in his public statement that he respected and admired Mr. Rapp. |
| The defense rested its case on Wednesday, and asked the judge to reinstruct the jury not to consider two instances when Mr. Rapp referred to allegations against Mr. Spacey by others. The judge also said he could give no guidance or parameters regarding the amount of damages the jury could award Mr. Rapp. | The defense rested its case on Wednesday, and asked the judge to reinstruct the jury not to consider two instances when Mr. Rapp referred to allegations against Mr. Spacey by others. The judge also said he could give no guidance or parameters regarding the amount of damages the jury could award Mr. Rapp. |
| The jury deliberated for less than 90 minutes on Thursday afternoon following closing arguments from both sides. One juror was dismissed because of health reasons, so an 11-person jury reached the decision on the battery claim. | |
| Unlike a criminal trial, jurors do not need to find that the defendant committed an offense beyond a reasonable doubt. Instead, they are asked to consider whether the greater weight of the evidence is in the plaintiff’s or defendant’s favor. | Unlike a criminal trial, jurors do not need to find that the defendant committed an offense beyond a reasonable doubt. Instead, they are asked to consider whether the greater weight of the evidence is in the plaintiff’s or defendant’s favor. |
| After the public accusation by Mr. Rapp, who currently stars in the TV show “Star Trek: Discovery,” 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. | After the public accusation by Mr. Rapp, who currently stars in the TV show “Star Trek: Discovery,” 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. Spacey, who has pleaded not guilty to 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. | Mr. Spacey, who has pleaded not guilty to 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. |
| Mr. Rapp testified that whenever he would see Mr. Spacey appear in movies or in person, such as the day of the Tony Awards, he would instantly recall the encounter. | Mr. Rapp testified that whenever he would see Mr. Spacey appear in movies or in person, such as the day of the Tony Awards, he would instantly recall the encounter. |
| Watching Mr. Spacey’s character show sexual interest in a teenager in the film “American Beauty” was “unpleasantly familiar,” Mr. Rapp testified, and 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. | Watching Mr. Spacey’s character show sexual interest in a teenager in the film “American Beauty” was “unpleasantly familiar,” Mr. Rapp testified, and 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. | “It was as if someone poked me with a cattle prod,” Mr. Rapp testified. |
| Mr. Rapp had previously 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 had previously 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. | 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. | “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. | 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. | 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. |
| A lawyer for Mr. Spacey, Ms. 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.” | A lawyer for Mr. Spacey, Ms. 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.” |
| In his testimony, Mr. Spacey blamed his publicists for the statement, saying they had warned him not to aggressively deny Mr. Rapp. “I was being encouraged to apologize, and I’ve learned a lesson,” Mr. Spacey said, “which is, never apologize for something you didn’t do.” | In his testimony, Mr. Spacey blamed his publicists for the statement, saying they had warned him not to aggressively deny Mr. Rapp. “I was being encouraged to apologize, and I’ve learned a lesson,” Mr. Spacey said, “which is, never apologize for something you didn’t do.” |
| Mr. Spacey also denied in court that he had ever been alone with Mr. Rapp. He testified that the only party he had hosted at the apartment in question was a housewarming in January 1986, several months before the time frame in Mr. Rapp’s account. | Mr. Spacey also denied in court that he had ever been alone with Mr. Rapp. He testified that the only party he had hosted at the apartment in question was a housewarming in January 1986, several months before the time frame in Mr. Rapp’s account. |
| During cross-examination of Mr. Rapp, Ms. Keller accused him of being envious of Mr. Spacey and making the allegations to benefit his own career. She suggested he was motivated by potential benefits to his acting career after he had been cast in a spinoff of “Star Trek.” “You wanted to promote the show, you wanted to raise its visibility, you knew the #MeToo movement was gaining steam,” she said. | During cross-examination of Mr. Rapp, Ms. Keller accused him of being envious of Mr. Spacey and making the allegations to benefit his own career. She suggested he was motivated by potential benefits to his acting career after he had been cast in a spinoff of “Star Trek.” “You wanted to promote the show, you wanted to raise its visibility, you knew the #MeToo movement was gaining steam,” she said. |
| Ms. Keller also 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. | Ms. Keller also 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 defense has pointed out that no one has come forward to confirm that he or she attended the party at Mr. Spacey’s apartment, and has also tried to establish contradictions in Mr. Rapp’s account. 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. | Mr. Spacey’s defense has pointed out that no one has come forward to confirm that he or she attended the party at Mr. Spacey’s apartment, and has also tried to establish contradictions in Mr. Rapp’s account. 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. |
| Each side had a forensic psychiatrist testify on its behalf after evaluating Mr. Rapp. Several days after Dr. Lisa Rocchio testified that he had delayed onset post-traumatic stress disorder, Dr. Alexander Bardey said that he disagreed and that Mr. Rapp instead had features of narcissistic personality disorder. | Each side had a forensic psychiatrist testify on its behalf after evaluating Mr. Rapp. Several days after Dr. Lisa Rocchio testified that he had delayed onset post-traumatic stress disorder, Dr. Alexander Bardey said that he disagreed and that Mr. Rapp instead had features of narcissistic personality disorder. |
| In her testimony, Dr. Rocchio explained that Mr. Rapp showed symptoms of trauma beginning in 1986 but that those symptoms did not meet the criteria for a disorder until 2017. She said he “experienced a tremendous amount of shame, confusion, uncertainty” as well as stress. | In her testimony, Dr. Rocchio explained that Mr. Rapp showed symptoms of trauma beginning in 1986 but that those symptoms did not meet the criteria for a disorder until 2017. She said he “experienced a tremendous amount of shame, confusion, uncertainty” as well as stress. |
| She specified that Mr. Rapp could have suffered “emotional distress” from the experience of feeling he had to flee, even if Mr. Spacey did not cause physical harm. She said Mr. Rapp would probably require trauma-focused psychotherapy | She specified that Mr. Rapp could have suffered “emotional distress” from the experience of feeling he had to flee, even if Mr. Spacey did not cause physical harm. She said Mr. Rapp would probably require trauma-focused psychotherapy |
| Dr. Bardey disputed the test results Dr. Rocchio used to diagnose Mr. Rapp, saying there “was no consistency from one test to the another.” Dr. Bardey said Mr. Rapp had suffered several traumatic incidents in his life — including sexual encounters when he was under the age of consent, and the death of his mother — that would have cumulative effects on his trauma symptoms. | Dr. Bardey disputed the test results Dr. Rocchio used to diagnose Mr. Rapp, saying there “was no consistency from one test to the another.” Dr. Bardey said Mr. Rapp had suffered several traumatic incidents in his life — including sexual encounters when he was under the age of consent, and the death of his mother — that would have cumulative effects on his trauma symptoms. |
| Dr. Bardey also testified that symptoms of narcissistic personality disorder included a patient being “self-centered, grandiose, manipulative.” | Dr. Bardey also testified that symptoms of narcissistic personality disorder included a patient being “self-centered, grandiose, manipulative.” |
| Last week, Judge Kaplan allowed another accuser of Mr. Spacey to testify. | Last week, Judge Kaplan allowed another accuser of Mr. Spacey to testify. |
| That accuser, Andy Holtzman, said that in 1981, Mr. Spacey groped his genitals and rubbed his groin on Mr. Holtzman, who was working in an office at New York Shakespeare Festival Public Theater. Mr. Holtzman, 68, testified that Mr. Spacey, who was in a production at the theater company, entered his office, walked up to him, grabbed his groin and pushed him into his desk. Mr. Holtzman said that after he screamed his objections, Mr. Spacey angrily left. | That accuser, Andy Holtzman, said that in 1981, Mr. Spacey groped his genitals and rubbed his groin on Mr. Holtzman, who was working in an office at New York Shakespeare Festival Public Theater. Mr. Holtzman, 68, testified that Mr. Spacey, who was in a production at the theater company, entered his office, walked up to him, grabbed his groin and pushed him into his desk. Mr. Holtzman said that after he screamed his objections, Mr. Spacey angrily left. |
| 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. | 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. |
| Throughout the trial, several of Mr. Rapp’s acquaintances have testified that he told them about an encounter with Mr. Spacey long before the BuzzFeed article was published. | Throughout the trial, several of Mr. Rapp’s acquaintances have testified that he told them about an encounter with Mr. Spacey long before the BuzzFeed article was published. |
| 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 limited period of time in which people who say they were sexually abused as children could sue. | 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 limited period of time in which people who say they were sexually abused as children could sue. |
| 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. | 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. | 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. | 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. | 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. |