• A federal judge rules that a sex-assault civil complaint gainst Kevin Spacey can proceed.
• Allegations leveled against Spacey by actor Anthony Rapp established material fact, the judge says.
• Rapp alleges Spacey acted to gratify sexual desire during an encounter in 1986.

Rapp claims that Kevin Spacey put a clothed Rapp on a bed and momentarily positioned his own clothed body partially next and partially across Rapp’s before Rapp “wriggled out,” got up, and fled the premises.

Rapp is seeking compensatory and punitive damages for assault, battery, and intentional infliction of mental distress, according to his lawsuit.

Read more: Kevin Spacey has been accused with sexually abusing three men

During a deposition, Rapp testified that there was no kissing, undressing, reaching under garments, or sexualized words or innuendo during a two-minute encounter, according to the court.

The claims against Kevin are untrue.

Kaplan did dismiss a common law assault claim, claiming that it was not among those resurrected by New York state’s Child Victims Act, which permitted persons to file claims in cases when the statute of limitations would otherwise have prevented them.

Read more: Kevin Spacey to ‘voluntarily appear’ in U.K connection with sexual assault allegations

The decision comes two weeks after British prosecutors announced that he had been charged with four counts of sexual assault against three men by police. Between 2005 and 2013, the claimed occurrences happened in London.

Rapp’s lawyer, Peter Saghir, declined to comment. Spacey’s lawyer did not respond to a message seeking comment.