Kevin Spacey claims the Massachusetts man who accused the actor of sexually assaulting him in a bar was “flirting” with the “House of Cards” star.
“He welcomed drinks from [Spacey], let [Spacey] put his arm around him near the piano while they did ‘sing-alongs,’ and even left the bar with him to smoke a cigarette after giving [Spacey] his phone number,” Spacey’s lawyers wrote in court documents filed Monday.
“At best, this describes two people engaged in mutual and consensual flirtation, nothing more.”
Spacey on Monday pleaded not guilty to charges of felony indecent assault and battery for allegedly groping the then-18-year-old – the son of former Boston news anchor Heather Unruh — at a Nantucket bar where the teen worked as a busboy in July 2016.
Unruh’s son claims Spacey plied him with beer and whiskey and then stuck his hand down the teen’s pants and his genitals for around three minutes while they were sitting next to each other at the piano.
But Spacey’s lawyers charge that the man’s actions during and after the “alleged touching” are “completely inconsistent with a victim of sexual assault.”
“He did not object to the alleged touching, he did not ask [Spacey] to stop, and he did not in any way remove himself from the situation,” reads the court filing.
The teen told cops he couldn’t get away because the bar was crowded and didn’t want to make a scene because he was drinking there underage. He had told Spacey he was 23 and a college student.
Spacey’s lawyers note the 18-year-old continued to text and Snapchat his girlfriend during the alleged assault – including one video that prosecutors are using as evidence, but which the lawyers dismiss as a “fraction-of-a-second” video that “does not show anything that could be remotely described as assaultive behavior.”
The girlfriend told cops she received a text from her boyfriend that night saying Spacey was hitting on him, but she didn’t believe him, and later got a Snapchat video showing the actor “touching the front of [his] pants by the crotch,” according to the criminal complaint.
When they spoke on the phone later, the girlfriend told cops he kept repeating, “I’m not gay,” and that she could tell he was drunk and “emotionally worked up,” but he wouldn’t elaborate on the Snapchat video.
She said she didn’t find out about the alleged assault until Unruh held a press conference about it in early November 2017 – shortly after actor Anthony Rapp first accused Spacey of coming onto him when he was 14.
The alleged victim’s sister, however, told cops her brother told her that night: “Kevin Spacey just raped me,” according to court documents.