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Kevin Spacey sexual abuse charge dismissed: what is battery?

The actor faced allegations that he had molested a 14-year-old boy in 1986 but was acquitted in a New York court after just 80 minutes of deliberation.

Update:
Kevin Spacey cleared of sex abuse charge
Anadolu AgencyGetty

A New York jury has ruled that Kevin Spacey is not liable for battery for allegations made by actor Anthony Rapp in relation to an incident in 1986.

Spacey, then 26, allegedly invited a 14-year-old Rapp to his Manhattan home after a party, but jurors deliberating today found that Rapp did not prove that Spacey had “touched a sexual or intimate part” of his body.

Before the trial began the judge dismissed a separate allegation that Spacey had assaulted Rapp and that he had suffered an intentional infliction of emotional distress.

The only remaining case for Spacey to answer from Rapp was the battery claim, which, under New York law, is defined as touching someone without consent in a manner that could reasonably be considered offensive.

Spacey’s lead defence attorney, Jennifer Keller, claimed that the allegations had been copied from a scene in the Broadway production ‘Precious Sons’, which Rapp was performing in at the time.

In her closing statement, Keller said: “We’re here because Mr. Rapp has falsely alleged abuse that never occurred at a party that was never held in a room that did not exist.”

Questions over the tactics used by defense team

Deliberations in the case began on Thursday afternoon and were concluded within 90 minutes, dismissing Rapp’s version of events.

During his testimony, Rapp described the encounter with Spacey as “incredibly frightening and very alarming,” adding that he had had felt empowered to come forward by the #MeToo movement in 2017.

However the timing of Rapp’s decision was used by the defense team to discredit Rapp. His decision to go public with the claims was dismissed as opportunistic by Keller, who claimed that he had attempted to “hitch his wagon” to the movement for personal gain.

“This isn’t a team sport where you’re either on the Me Too side, or you’re on the other side,” Keller told the court.

Spacey’s defence team also sought to paint Rapp, just 14 years old at the time, as jealous of the elder man’s interest in other men. During the trial Spacey said that he had also met with actor John Barrowman on the night that Rapp alleges the assault took place.

The 63-year-old said in court that he had been “captivated” by Barrowman and had spent most of the night with him, before Rapp disrupted a “flirtatious and playful moment” between the two men on a bed.

Prosecution attorney Richard Steigman went on to accuse Spacey of rehearsing his testimony to ensure that he was acquitted. He drew comparisons to the actor’s initial apology when Rapp first came forward, and his subsequent withdrawal of that statement. Spacey broke down in tears at points during the court case.

Steigman said: ”When you’re rehearsed, and a world class actor and you’re following the script and following the testimony of someone else, you can take that stand and be perfectly polished.”