As allegations of sexual misconduct continue to plague Kevin Spacey, the disgraced double Oscar winner is apparently off the hook for a $40 million assault and battery lawsuit after a judge ruled Monday that the anonymous accuser in that case must either allow himself to be identified or drop his claim.
In the civil suit—which began in New York State and was moved to a federal court last November—the plaintiff, identified as “C.D.,” alleges that while he was a 14-year-old student in Spacey’s acting class in the early 1980s, the then-unknown actor “attempted to anally sodomize” him and that he said “‘No’ multiple times.”
C.D.’s lawyers argued that going public with his identity would “re-trigger” the PTSD he claims he suffered from the alleged assault, but Judge Lewis A. Kaplan disagreed, citing the fact that the plaintiff has already revealed himself to several people, including members of the media, Deadline reports.
“The evidence suggests that C.D. knowingly and repeatedly took the risk that any of these individuals at one point or another would reveal his true identity in a manner that would bring that identity to wide public attention, particularly given Spacey’s celebrity,” Kaplan stated in his memorandum opinion.
While Kaplan granted that “the public generally has an interest in protecting those who make sexual assault allegations,” he ruled, “For the foregoing reasons, C.D. has not shown that his privacy interest is sufficient to warrant allowing him to litigate his sexual assault allegations anonymously. Accordingly, on balance, the public interest does not weigh in favor of C.D.’s use of an [sic] pseudonym.”
The judge gave C.D. ten days to file the suit under his own name, but his lawyers told the court he has already decided that he “is emotionally unable to proceed with the action and will discontinue his claims.”
This turn of events doesn’t clear up Spacey’s upcoming court calendar.
C.D. was a co-plaintiff in the suit brought against Spacey by Star Trek: Discovery actor Anthony Rapp, who claims Spacey assaulted him during a party at Spacey’s home in 1984 when he was 14 and Spacey was 24 or 25. Spacey initially said he didn’t remember what, if anything, had happened, and he more recently denied that Rapp was ever at his place and that any incident occurred. He has also denied all of C.D.’s allegations.
Spacey has also been accused of misconduct by an actor and a crew member on the now defunct House of Cards. In London, Scotland Yard’s Child Abuse and Sexual Offences Command has presented its findings in at least six sexual assault claims made against Spacey to the Crown Prosecution Service, the British version of a district attorney. The agency is deciding whether to charge Spacey for the incidents, which allegedly took place between 1996 and 2013.
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