In the wake of the #MeToo movement, the floodgates opened with seemingly endless accusations levelled against a number of Hollywood celebrities, including Kevin Spacey.
Spacey, who until the past two years, seemed like one of the better men in Hollywood, is facing multiple accusations of sexual assault.
The House of Cards actor appeared in court on Monday for the first time to face a single felony count of indecent assault and battery. The charge is linked to an incident that occurred in July 2016, and involves a then-18-year-old busboy.
Spacey’s attorney has entered in a plea of not guilty and the trial is set for March 4:
Here’s the thing – Joey Jackson, a criminal defence attorney and legal analyst for CNN, makes the case that the Nantucket, Massachusetts, prosecutor’s current case against him is inherently flawed.
Prosecutors will need to explain why the accuser told Spacey he was a 23-year-old college student. And why he changed clothes to return to the bar at the conclusion of his shift to meet Spacey while having multiple drinks with him.
Prosecutors may argue that he was a starstruck 18-year-old, who was blinded by celebrity. A reasonable argument indeed. This might also explain the excessive drinking and prolonged conversation with Spacey.
The prosecution will no doubt assert that the accuser was just enjoying a night out with a celebrity while harmlessly being showered with attention when things began to turn. They may add that Spacey is to blame for using his celebrity to entice an unassuming victim. That would be yet another reasonable argument.
At the heart of the prosecutor’s case, as with all cases involving sexual assault, will be whether or not Spacey acted with or without consent.
Although the complaint stated that the accuser tried to shift away from Spacey and move Spacey’s hands away, the problem for the prosecution is that while the busboy and Spacey had been seen together that night, no one witnessed an assault.
There’s also the detail of Spacey rubbing the accuser’s penis for three minutes…
A dramatic three-minute pause in the courtroom by the defense would make one truly appreciate how long a time that really is. Would Spacey know of the accuser’s objection if the accuser did not either verbally stop Spacey from continuing or exert enough physical force against Spacey to make his disapproval obvious?
Afterward, Spacey got up to use the bathroom and the accuser left. The accuser said Spacey texted him that “I think we lost each other.”
This appears to suggest that Spacey believed in his mind that the encounter was voluntary. Then there’s the fact that the accuser had his cell phone in his hand during the alleged assault. Why not call 911? Instead, he was texting with his girlfriend during the encounter to convey what was happening. Since she didn’t believe him, he sent her a Snapchat video.
In the end, it will be up to the jury to determine whether those actions are consistent with someone being sexually assaulted.
The clincher in a conviction could stem from whether or not the judge allows the jury to hear evidence of other sexual misconduct.
But if the judge disallows this evidence, and the case is about what happened at the bar involving this accuser, the prosecution will have a lot of explaining to do.
In a criminal case, proof of guilt beyond a reasonable doubt is what’s required. That’s a pretty high standard to reach. And the way I see it, that standard is not met by these facts.
If we take into account the evidence currently available, it’s possible that Spacey could be found not guilty.
Oh, and if you missed the truly weird video Spacey uploaded to YouTube on December 24, where he acts as House of Cards’ nefarious Frank Underwood, treat yourself to this performance:
[source:cnn]
