Kevin Spacey's defense claims sexual assault accuser was flirting with him

Kevin Spacey's defense team argues in a new legal filing that the busboy who accuses the actor of assault wa...

Posted: Jan 9, 2019 6:44 AM
Updated: Jan 9, 2019 6:44 AM

Kevin Spacey's defense team argues in a new legal filing that the busboy who accuses the actor of assault was flirting with Spacey that evening.

"By (his) own account, 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," Spacey's attorneys Alan Jackson and Juliane Balliro wrote in the filing on Monday.

Arts and entertainment

Assault and battery

Celebrities

Celebrity and pop culture

Crime, law enforcement and corrections

Crimes against persons

Criminal offenses

Kevin Spacey

Sex crimes

Sexual assault

Sexual misconduct

Societal issues

Society

Violence in society

Law and legal system

The filing, which asks the court to preserve texts and digital evidence between the busboy and his girlfriend, represents the first extensive argument in Spacey's defense in the case.

Spacey, the 59-year-old actor, was arraigned Monday in Nantucket court on a charge of indecent assault and battery. A not guilty plea was entered on his behalf.

The incident allegedly occurred in July 2016. The busboy came forward to police more than a year later. He told police that he did so because he did not want what happened to him to happen to someone else, the complaint states.

Monday's filing lays out several arguments attempting to attack the busboy's credibility, in an effort to cast doubt on what happened that night in Nantucket.

"(His) admitted actions during and immediately after the purported three-minute encounter are completely inconsistent with a victim of sexual assault," the lawyers wrote in the filing.

Experts reject the idea that sexual assault victims all act the same way. For example, during Bill Cosby's assault trial, forensic psychiatrist Barbara Ziv testified that, generally, it is normal for sexual assault victims to report assaults to police well after the incident.

"We blame victims for not being the kind of victim that we think they should be," Ziv said at the time. "It's part of the rape myth that victims report promptly and display a certain set of symptoms."

What prosecutors say

The charge stems from an incident in July 2016 at the Club Car, a restaurant and bar on Nantucket. The criminal complaint says that Spacey bought a number of drinks for the 18-year-old busboy. After about an hour of interaction, Spacey rubbed the busboy's penis in and out of his pants for three minutes, the busboy later told police.

The complaint states that the 18-year-old busboy befriended the actor, known for his roles in the film "The Usual Suspects" and the Netflix series "House of Cards." The busboy's shift ended at midnight, after which he changed his clothes and began talking to Spacey.

According to the complaint, the busboy told police Spacey bought him a number of alcoholic drinks, bragged to him about the size of his penis, and tried to get him to go back to the actor's house afterward.

When the two stood near the piano player in the bar, Spacey reached over and began to rub the busboy's thigh, the complaint states. Spacey then unzipped the accuser's pants and rubbed his penis, both in and out of his pants, for about three minutes, he told police.

The busboy filmed a short part of the alleged groping on Snapchat and sent the video to his girlfriend, the complaint states. In his interview with police, investigators showed the busboy that video and confirmed his and Spacey's clothing that night.

When Spacey left for the bathroom, the busboy left the bar and went home, the complaint states.

What the defense says

However, the defense filing highlighted other aspects of the criminal complaint and took issue with the busboy's accusations.

"(His) unsubstantiated, after-the-fact claims of sexual assault are patently false," the attorneys wrote.

Prosecutors acknowledge that the busboy lied about his age to Spacey -- he said he was 23 -- and falsely said he was a student at Wake Forest University. The defense also pointed out that the busboy "welcomed" drinks from Spacey, let him put his arm around him near the piano, left the bar to smoke a cigarette with him, and gave him his phone number.

"At best, this describes two people engaged in mutual and consensual flirtation, nothing more," the defense writes.

The criminal complaint, filed in late December, includes several witnesses who say they saw Spacey and the busboy together at Club Car. But the defense points out that none of the witnesses claimed to have personally seen an assault.

Further, the defense said that the short Snapchat video "does not show anything that could be remotely described as assaultive behavior," the defense argues.

The primary purpose of the defense's legal filing is to preserve evidence on what the busboy texted and Snapchatted to his then-girlfriend that evening about his interactions with Spacey.

His girlfriend told police that she received a Snapchat of Spacey "touching the front of (the busboy's) pants by his crotch," the complaint says. When asked later about the Snapchat video, she said "she only ever saw it twice and she wasn't able to give any more description than a hand touching the front of (the busboy's) pants."

"Any text messages and Snapchats sent during and after the alleged incident are relevant to the issue of consent and whether lack of consent was fairly communicated to (Spacey)," the defense attorneys write.

Indiana Coronavirus Cases

Data is updated nightly.

Cases: 590211

Reported Deaths: 9310
CountyCasesDeaths
Marion815581297
Lake44306666
Allen31919541
Hamilton28371304
St. Joseph26766371
Elkhart24098341
Vanderburgh18643213
Tippecanoe17422121
Johnson14496284
Porter14399160
Hendricks13870241
Madison10561212
Vigo10483171
Clark10240130
Monroe9076108
Delaware8836132
LaPorte8771155
Howard7897138
Kosciusko787277
Warrick643890
Hancock638797
Bartholomew626694
Floyd6150105
Wayne5933157
Grant5818110
Dubois544372
Boone534367
Morgan516291
Marshall494184
Henry493664
Cass471760
Noble460557
Dearborn458444
Jackson414745
Shelby402179
Lawrence380575
Clinton364539
Gibson356556
DeKalb337363
Montgomery334851
Harrison328542
Knox327839
Miami309843
Steuben306340
Adams295235
Whitley294125
Wabash293045
Ripley292345
Putnam284847
Huntington283557
Jasper282433
White267538
Daviess261672
Jefferson250738
Fayette242348
Decatur242182
Greene233360
Posey232326
Wells229447
LaGrange224161
Clay217932
Scott216937
Randolph208340
Jennings192535
Sullivan189031
Spencer181917
Fountain179725
Washington177118
Starke171341
Jay162821
Owen159537
Fulton159229
Carroll152115
Orange151433
Rush149918
Perry147227
Vermillion144933
Franklin143433
Parke12908
Tipton128232
Pike113625
Blackford107522
Pulaski95237
Newton89421
Brown85530
Benton84310
Crawford7579
Martin70013
Warren6587
Switzerland6205
Union6113
Ohio4677
Unassigned0374

Ohio Coronavirus Cases

Data is updated nightly.

Cases: 826754

Reported Deaths: 10200
CountyCasesDeaths
Franklin97493705
Cuyahoga821781012
Hamilton61350439
Montgomery41700399
Summit33399726
Lucas30111597
Butler29721228
Stark24811400
Warren18917139
Lorain18086212
Mahoning16758335
Lake15365135
Clermont15160104
Delaware1382177
Licking12679132
Trumbull12401302
Fairfield1218480
Greene11631133
Medina11128165
Clark10608264
Wood9964154
Allen9511126
Portage8867105
Miami886573
Richland8790116
Marion7319113
Tuscarawas7142174
Columbiana7085124
Pickaway702850
Wayne6781164
Muskingum671242
Erie5886118
Hancock537890
Ross530287
Scioto519662
Geauga483555
Darke457589
Ashtabula439068
Lawrence432651
Union430628
Mercer424287
Sandusky421862
Seneca413555
Auglaize412759
Huron410338
Shelby410221
Jefferson403366
Belmont395640
Washington372040
Putnam364672
Athens36369
Madison339329
Knox336522
Ashland331738
Fulton325943
Defiance319278
Crawford313268
Preble311534
Brown296619
Logan292729
Ottawa282134
Clinton279043
Williams270166
Highland262418
Jackson256943
Guernsey241725
Champaign240927
Fayette225529
Morrow22294
Perry221318
Holmes218662
Henry210247
Hardin204133
Coshocton197420
Van Wert196644
Gallia190926
Wyandot190549
Adams165615
Pike164116
Hocking163423
Carroll149516
Paulding139021
Noble117840
Meigs103221
Monroe95629
Harrison8568
Morgan79128
Vinton67113
Unassigned00
Fort Wayne
Cloudy
30° wxIcon
Hi: 31° Lo: 29°
Feels Like: 20°
Angola
Cloudy
28° wxIcon
Hi: 29° Lo: 27°
Feels Like: 20°
Huntington
Cloudy
29° wxIcon
Hi: 31° Lo: 27°
Feels Like: 21°
Fort Wayne
Cloudy
30° wxIcon
Hi: 30° Lo: 28°
Feels Like: 20°
Lima
Cloudy
30° wxIcon
Hi: 30° Lo: 29°
Feels Like: 19°
Seasonal Monday
WFFT Radar
WFFT Temperatures
WFFT National

Community Events