Kevin Spacey, accused of sexual abuse in a lawsuit, is to be tried in US federal court

The lawsuit, filed by actor Anthony Rapp, charges Spacey with assault, battery and intentionally inflicting emotional distress. The lawsuit accuses Spacey of groping Rapp’s buttocks in 1986, when Rapp was 14, and says Spacey placed the then-teen on a bed and placed his body partially on top of Rapp.

During Rapp’s deposition, he testified that there was “no kissing, no stripping, no reaching under clothing, and no sexualized statements or innuendo”, and that the incident took no more than two minutes, according to U.S. District Judge Lewis Kaplan’s order on Monday.

Kaplan said there was “a genuine issue of material fact” over whether Spacey, whose legal name is Kevin Spacey Fowler, engaged in forcible touching of Rapp’s “private parts.” Kaplan ruled that Rapp could pursue his claims of battery and intentional infliction of emotional distress, but not assault, due to limitations imposed by the statute of limitations.

Kaplan also denied Rapp’s motion to have the case returned to state court, where he originally filed his lawsuit in 2020.

A lawyer for Rapp has not commented. CNN has reached out to an attorney for Spacey for comment. In March, Spacey’s attorneys said in a legal filing that “Rapp’s allegations are, quite simply, untrue and never happened.”

Rapp was performing on Broadway when he says he met Spacey, he told Buzzfeed in 2017. They met at a post-show rally and Spacey invited him to a party at his Manhattan apartment which was taking place a few days later, according to the report.

The trial for the civil suit is scheduled to begin in New York on October 4, according to court documents.

Spacey appeared in Manhattan Federal Court in May for an evidentiary hearing, the same day British authorities announced the actor was facing criminal charges – four counts of sexual assault against three men. Charges cannot be formally enforced until he has entered England or Wales, a spokesperson for Britain’s Crown Prosecution Service told CNN. A lawyer for Spacey did not respond to CNN’s request for comment on the British allegations.