The actor states in a motion obtained by DailyMail.com that the teenager ‘claimed he was a 23-year-old student studying business at Wake Forest University’ after he ‘sought out a friend for the specific purpose of introducing him to [Spacey].’
It goes on to state that the teen ‘welcomed drinks from [Spacey], let [Spacey] put his arm around him near the piano while they did sing-a-longs and even left the bar to smoke with [Spacey].’
That behavior, combined with the fact that the teen gave Spacey his number, suggests ‘mutual and consensual flirting’ states the motion.
At no point does Spacey deny groping the young man.
Usual suspect: Kevin Spacey (above in court on Monday) said that his accuser spent the night flirting with him at a Nantucket bar prior to the alleged sexual assault fore which he is on trial
The motion states that once Spacey began to grope his accuser the teen ‘did not object to the alleged touching, he did not ask [Spacey] to stop and he did not remove himself from the situation.’
That is not all either, with the motion also claiming that the young woman who was in communication with the accuser was never even told about an assault.
‘Although M.D. recounted in her statement that [redacted] appraised her of nearly all of the interactions between the two men during the course of their encounter, [redacted] never suggested that he had in any way been sexuyally assaulted,’ states the filing.
It goes on to state that the young woman was never told about the assault later either, and had instead told police that the accuser was ‘simply drunk.’
She heard about the allegations was when the accuser’s mother, Heather Unruh, held a press conference stating that her son had been sexually assaulted by Spacey.
That motion was filed in support of the defense’s request to obtain all messages exchanged between the defendant and his then-girlfriend between the time of the alleged incident and now.
The prosecution has tried to limit that scope to the day of and after the alleged incident.
There has been no decision on the motion at this time, and the next hearing in the trial is scheduled for March.
Spacey was all smiles and seemed to be completely at ease on Monday morning as he snuck in the side door of the Nantucket courthouse, before being arraigned on a single count of Indecent Assault and Battery.
That charge carries a sentence of up to five years in jail, and Spacey was ordered to have no contact with the victim or his family.
Spacey was seen chatting and laughing with his lawyer before his case was called in front of the packed courthouse, and when it was his turn a plea of not guilty was entered on his behalf.
He was told that he could face 90 days in a prison should he commit a crime ahead of the trial and the judge ordered the actor to stay away from the teenage accuser and his family, referring to the young man as the ‘victim.’
The actor, who only spoke the words ‘thank you’ during the hearing, did have to make one quick stop on the way out to see a probation officer.
The pretrial hearing in the case was set for March 4, but Spacey will not have to appear in person and can instead call in to the court.