“You never said, ‘no’ to Spacey’s advances.” “You can’t when you are asleep.”
The actor, one of four alleged victims in Spacey’s ongoing trial in the UK, told a police officer of the alleged incident during an interview that was played to Southwark Crown Court.
The man, who is the fourth accuser giving evidence against the Hollywood star, said he had agreed to go the actor’s flat because “it’s Kevin Spacey.”
The court heard the pair ate some “leftover pizza” and smoked cannabis together. The man claimed the star “kind of opened up his arms” and said, ‘Come here.’
“Then he started to nuzzle his head… He was just rubbing his head into my crotch. I thought ‘This is incredibly weird’. I was very nervous at this point.”
He also did not want to “annoy” Spacey, the court was told.
“You just don’t want to annoy someone who is that powerful in the business you are trying to break in to,” the man told the police officer. “The social sway he had was massive.”
After about an hour at the flat, things started to become “hazy” and he “conked out”, the man told the officer, saying this was “unusual”.
The man broke down as he labelled Spacey “atrocious, despicable, disgusting” and alleged he had been drugged.
“Going to sleep isn’t something I would normally do – it is unusual in my behaviour just to conk out,” he said. “I remember four to five hours later waking up – my belt was still together but my button and my zip were down and he’s just performed (a sex act) on me.”
The man said he reacted by saying “no”, before adding: “Then he stopped and asked me to leave straight away. He said I shouldn’t talk to anyone about what had happened.”
He said he cried while waiting for a bus home and had been afraid to go to police over the incident. Asked why he had not initially reported it, he said: “It’s David and Goliath isn’t it, and speaking to police, and being the only one. (…) I did not have the confidence. I didn’t even tell friends.”
The man said he decided to come forward in 2017 after Spacey was accused of sexual misconduct in the US when the #MeToo movement erupted.
“Nothing happened that was consensual.”
After the interview was played to the jury, Spacey’s lawyer, Patrick Gibbs KC, took the witness through phone logs that showed the star had sent text messages to him a number of times after the alleged incident.
The man replied he had not received or seen any of the messages and added he had messaged Spacey once after the encounter as he wanted to meet up and “get him to say something about the truth” so he could “record it.”
Gibbs cross-examined the complainant, and said: “You never said, ‘no’ to Spacey’s advances.” The man replied: “You can’t when you are asleep.”
The witness rejected claims from Gibbs that he had questioned his own sexuality after the incident. “I find this the most reprehensible line of questioning,” he said. He also rejected suggestions he made up the allegations because he was ashamed of engaging in sexual relations with Spacey.
“This line of questioning is offensive,” he said. “Nothing happened that was consensual.”
Spacey, 63, has pleaded not guilty the 12 charges against him – including one charge of sexual assault and one charge of causing a person to engage in penetrative sexual activity, in relation to the fourth complainant. The charges are alleged to have been committed between 2001 and 2013 when Spacey worked at the Old Vic Theatre in London.
The disgraced actor is free on unconditional bail, but could face a prison sentence if he’s convicted.
Last week, the first three alleged victims took to the stand, with one accusing Spacey of coming out as gay as a mask to “disguise” his behaviour and claimed the actor touched him in an intimate area during an alleged assault that felt like it lasted an “eternity.” He also claimed Spacey had grabbed him “like a cobra” but that the star’s status as an A-list actor meant he had initially decided against going to the police.
Another accuser claimed Spacey had grabbed him “so hard I almost came off the road” during a car journey. He claims he was assaulted more than 10 times.
The trial continues.
