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Kevin Spacey claims alleged victim lied about age, welcomed flirtation
By Rachel DeSantis, New York Daily News (TNS)
Jan. 8, 2019 2:41 pm
Kevin Spacey claims his alleged sex assault victim lied about his age and encouraged a mutual flirtation, according to a Nantucket District Court filing obtained by the Daily News.
The disgraced actor was arraigned in court Monday and did not enter a plea, though he previously said he planned to plead not guilty to an indecent assault and battery charge.
He stands accused of assaulting the teenage son of Boston news anchor Heather Unruh at the island's Club Car restaurant in July 2016.
But Spacey claims that his alleged victim's story doesn't add up, and that not only was the teen not assaulted, but his flirtation with the actor was entirely mutual.
The documents claim that the victim, whom the Daily News is not identifying, was working as a busboy at the restaurant when he met Spacey and 'created an entirely false persona,” lying about his age and where he went to college.
He allegedly claimed he was 23 when he was actually 18, and that he was studying business at Wake Forest University, when in fact he was not yet in college, the court filings allege.
The documents, as first reported by the Daily Mail, argue that the ensuing flirtation between the two was welcomed by the victim, as he told police in his report that he accepted drinks from Spacey, let the actor '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 (him) his phone number.”
'At best, this describes two people engaged in mutual and consensual flirtation, nothing more,” the documents claim.
The alleged assault happened when the two returned from smoking a cigarette, and Spacey allegedly put his hands in the victim's pants and groped him for three minutes.
The victim has told police that he did not ask Spacey, who is referred to by his birth name Kevin Fowler, to stop, and 'did not in any way remove himself from the situation.”
No witnesses have come forward to corroborate the victim's claims, despite the fact that the bar was packed, the documents argue.
Meanwhile, the filing attempts to poke holes in the victim's story by pointing out that though he was swapping text messages with his girlfriend at the time about the encounter with Spacey, he failed to make any mention of sexual assault.
The teen allegedly sent texts and a Snapchat video to his girlfriend that night, though she claims to have first heard of the allegations more than a year later, when the victim's mother made them public at a news conference in November 2017.
The documents claim police have not collected or preserved that cellphone data, something Spacey's attorney Alan Jackson asked the court to do Monday.
Unruh said at the 2017 news conference that the alleged assault caused her son 'tremendous anger and anxiety,” and that he only felt brave enough to come forward after Spacey was accused of similar behavior by more than a dozen other men.
The Oscar-winning actor was ordered Monday to have no contact with his alleged victim. He is next due in court March 4, though his appearance for that hearing was waived.
He faces up to five years in prison if convicted.
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Actor Kevin Spacey is arraigned on a sexual assault charge at Nantucket District Court in Nantucket, Massachusetts, U.S., January 7, 2019. Nicole Harnishfeger/Pool via REUTERS
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