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Judge Rules Against Anthony Rapp "NO Evidence of Sexual Gratification"

A federal judge dismissed part of a $40 million lawsuit against Kevin Spacey on Monday, moments after actor Anthony Rapp finished his case arguing the A-lister sexually assaulted him when he was a teenager.

The dismissal of Rapp’s claim of intentional infliction of emotional distress marks a major blow to the highly publicized civil case against Spacey. It also signals another legal win for the former House of Cards actor, who has been accused of sexual assault or misconduct by at least a dozen people.

Manhattan federal Judge Lewis Kaplan ruled that Rapp only has one outstanding battery claim against Spacey in his $40 million suit after Spacey’s lawyers asked for a total dismissal. Spacey’s lawyers argued that Rapp’s team was improperly using the New York Child Victim’s Act in trying to hold the actor liable for Rapp’s claims—insisting that there was no evidence the alleged encounter was “for the purpose of sexual gratification.”

Kaplan concluded that the intentional infliction of emotional distress claim essentially repeated Rapp's allegations of battery against the 63-year-old actor. But he said he would not dismiss the battery charge.

“I’m not saying one way or the other. I’m just saying I’m not going to grant that now,” Kaplan said.

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by Anonymousreply 33October 18, 2022 1:40 AM

I was sympathetic to Rapp when this whole thing began a few years ago, but he's definitely overplayed his hand.

by Anonymousreply 1October 17, 2022 4:07 PM

What does Spacey’s father having been a neo-Nazi have to do with anything about this case?

by Anonymousreply 2October 17, 2022 4:11 PM

Rapp felt uncomfortable at an adult party so he went into Spacey’s bedroom to watch tv. Why didn’t he call mommy and daddy to come take him home instead?

by Anonymousreply 3October 17, 2022 4:19 PM

It’s strange this hinges on whether Kevin was gratified or not. If he didn’t get off the way he’d hoped would it be any different legally?

by Anonymousreply 4October 17, 2022 4:26 PM

If you're not rich, it's just called 'Saturday night'.

by Anonymousreply 5October 17, 2022 4:26 PM

I agree with r4. Rapp turned to Spacey as mentor, a father figure and protector, not a bad dad predator. Women are granted the premise that it’s not about the sex, it’s about the power. Why the double standard?

by Anonymousreply 6October 17, 2022 4:32 PM

[QUOTE] Rapp felt uncomfortable at an adult party so he went into Spacey’s bedroom to watch tv. Why didn’t he call mommy and daddy to come take him home instead?

Teenagers make stupid decisions, R3. You’re just now figuring this out? If Spacey wasn’t a pervert, he would’ve found Rapp in his bedroom, asked him what was wrong, spoken to him, offered him guidance, and given him a ride home or put him in a taxi or let him stay there the night. That’s what adults are supposed to do for young people, especially as a gay man looking out for a young gay person. How many here wish we had someone who could’ve done that for us?

Instead he chose to get his freak on by taking advantage of a vulnerable youth. And he’s likely done it a countless number of times because he’s a predator rather than a man of respect who wants to make a positive impact on young gay men.

by Anonymousreply 7October 17, 2022 4:33 PM

Justice at last!

by Anonymousreply 8October 17, 2022 4:33 PM

Nubile twink in one’s bedroom? So easy to be misunderstood.

by Anonymousreply 9October 17, 2022 4:34 PM

Anthony should have shit in Kevin’s bed. That’s his you play hardball.

by Anonymousreply 10October 17, 2022 4:40 PM

Bad call Judge Kaplan. You find a twink in your bedroom, you pick him up, put him on the bed, lie on top of him and grind your hips into him. I think the desire for “sexual gratification” is clear.

by Anonymousreply 11October 17, 2022 4:43 PM

[quote] grind your hips into him. I think the desire for “sexual gratification” is clear.

He didn't "grind" his hips, He just fell on top of him - so the "battery" charge has not been dismissed.

by Anonymousreply 12October 17, 2022 4:45 PM

“Rapp said Spacey then climbed on top of him and pressed his pelvis on the teenager’s hip.”

by Anonymousreply 13October 17, 2022 4:55 PM

How many times have we heard the “sorry, I just fell on top of you” excuse for surprise anal?

by Anonymousreply 14October 17, 2022 4:56 PM

R13 and it is a he said - he said

by Anonymousreply 15October 17, 2022 4:57 PM

Which should be enough to survive a motion to dismiss. The jury decides whom to believe.

by Anonymousreply 16October 17, 2022 4:58 PM

Kevin Spacey isn't a rapist, he's just a creep. I think that's the distinction being made.

by Anonymousreply 17October 17, 2022 5:13 PM

“Rapp said Spacey then climbed on top of him and pressed his pelvis on the teenager’s hip.”

Otherwise known as gravity 🙄

by Anonymousreply 18October 17, 2022 5:14 PM

Meanwhile John Barrowman will be testifying about his TORRID affair he was having with Spacey during the time he fell on Rapp

by Anonymousreply 19October 17, 2022 5:15 PM

I love you, r14!

😂

by Anonymousreply 20October 17, 2022 5:18 PM

Rapp had no admissible evidence any of this happened other than his say-so. No one witnessed anything or remembered witnessing anything.

It was a stupid case to bring forward--there was no way he could win.

by Anonymousreply 21October 17, 2022 5:19 PM

[quote] Meanwhile John Barrowman will be testifying about his TORRID affair he was having with Spacey during the time he fell on Rapp

The reason why Spacey lawyers have called Barrowman to testify is to show why would Spacey make a pass at Rapp, when he was having a TORRID affait with Barrowman?

by Anonymousreply 22October 17, 2022 5:21 PM

^ Ah, the old Carole Lombard/Clark Gable defense...

Before they were married a woman brought a paternity suit against Gable. Lombard took the stand telling the jury that Gable couldn't possibly have fathered the woman's child because, "Clark Gable was in bed with me every night"

Of course a scandal ensued, but Gable won the suit and married Lombard

by Anonymousreply 23October 17, 2022 5:33 PM

If Barrowman and Spacey were having a torrid affair

who was top and who was bottom?

by Anonymousreply 24October 17, 2022 5:41 PM

^ Spacey is ALWAYS the top

by Anonymousreply 25October 17, 2022 5:42 PM

BELIEVE TWINKS. I can’t believe I need to say this in 2022.

by Anonymousreply 26October 17, 2022 5:52 PM

^ I can't believe you believe that in 2022

by Anonymousreply 27October 17, 2022 5:53 PM

I’ve read a Washington appellate case where a woman sued some teenagers for intentional infliction of emotional distress because the teenagers set her cat on fire and killed him. The appellate court affirmed the trial judge’s dismissal of her intentional infliction of emotional distress claim because “there was no evidence the teenagers set the cat on fire with the intention of causing the woman distress.”

by Anonymousreply 28October 17, 2022 6:30 PM

Slow clap

by Anonymousreply 29October 17, 2022 6:35 PM

I think the judge is suggesting that sexual gratification with Anthony Rapp is an impossibility.

by Anonymousreply 30October 17, 2022 7:05 PM

If only Anthony has saved his Kevin Spacey cum smeared Underoos as evidence.

by Anonymousreply 31October 17, 2022 7:27 PM

Kevin Spacey says this story about him and Rapp is completely untrue

He says he has never been in a room alone with Rapp, never ever

by Anonymousreply 32October 18, 2022 1:03 AM

I believe Spacey had sex or tried to have sex with Rapp.

I believe that Rapp was unable to say no in a manner that would register with Spacey, given the era when this probably took place. Unless you were holding the person down and threatening to kill them at knife point, people didn't view situations like that as coercion.

Multiple people have come out and accused Spacey of inappropriate behavior. I don't doubt that he has poor impulse control and would attempt to use his celebrity to get into some dude's pants. Spacey has a pattern of behavior consistent with Rapp's accusations. Rapp was never going to win a lawsuit over this. He was a fool to try.

By losing, Rapp is actually contributing to rehabilitating Spacey's image by calling his and all the other accusations into question. In effect, by losing this lawsuit, he's creating a path for Spacey's return. He should have been satisfied with the wreckage of Spacey's career. He could have simply reminded people any time there was even a glimmer of a return. Now that a judge has ruled in this manner, people will translate it in their heads as the allegations were false.

by Anonymousreply 33October 18, 2022 1:40 AM
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