BOSTON (CBS) – The young man accusing actor Kevin Spacey of sexually assaulting him on Nantucket apparently captured some of the alleged incident on video.
Spacey is charged with attacking the 18-year-old son of former Boston TV news anchor Heather Unruh at the Club Car restaurant on the night of July 7, 2016.
According to the criminal complaint filed by State Police last week, the young man used Snapchat to record a video of part of the alleged incident to show to his girlfriend as proof. Unruh claimed Spacey bought her son several drinks and eventually stuck his hand in her son’s pants and grabbed his genitals without consent in the crowded, dimly lit club.
Inside the packed restaurant, Spacey allegedly groped his accuser discretely for several minutes.
“He tried to twist his body and move away, and move Spacey’s hands away with his hands, but Spacey kept reaching inside his pants,” said State Trooper Gerald Donovan in audio recorded from last week’s hearing. Donovan’s testimony was based on a statement given by the alleged victim.
“At some point [he] texted his girlfriend, sent an electronic message to his girlfriend, that he thinks Kevin Spacey is trying to rape him.”
Attorneys for Spacey raised several questions at the hearing, including why the incident was reported to police more than a year after it allegedly happened. The accuser’s credibility is also in question. He was only 18 at the time, but told Spacey he was 23.
The defense also questioned why he didn’t say anything or do more to get away. “That’s an incredibly long time to have a strange man’s hands in your pants,” the defense said.
Spacey’s attorney also asked Trooper Donovan how much the accuser said he was drinking that night.
“He may have been so drunk that he was black out drunk, but he didn’t black out at the Club Car, he may have blacked out once he got home,” he said.
“That’s correct,” Donovan replied.
Legal Analyst Jennifer Roman believes both the defense and prosecution could build strong cases.
“It’s very typical in a sexual assault case to challenge the credibility of the victim or to say the victim should or could have done more to thwart the attack or get themselves out of the situation,” Roman stated.
She pointed out the prosecution is also armed with evidence not usually seen in sexual assault cases.
“The fact that there is that Snapchat video and we do have the simultaneously texting with the girlfriend and that we do have the phone call with the sister where she can at least say how he sounded,” she said.
Spacey is scheduled to be arraigned January 7 in Nantucket District Court on a charge of indecent assault and battery. He has not commented on the case.
According to court documents, the charge Spacey faces – indecent assault and battery – could carry a penalty of up to five years in prison.
Earlier this year, CBS News reported that British police were investigating six claims of sexual assault or assault by Spacey. Harry Dreyfuss, the son of actor Richard Dreyfuss, has accused Spacey of groping him when he was 18 years old. Actor Anthony Rapp has also alleged that Spacey acted inappropriately with him when he was 14 years old.