A New York judge ruled Monday that a sexual battery suit brought against Kevin Spacey will be permitted to proceed. The suit stems from the first misconduct accusations revealed about the actor.

Anthony Rapp, also an actor, accused Spacey of assaulting him when he was 14. Rapp alleged that Spacey took him to a private bedroom at a Manhattan party, and put his body “partially beside and partially across Rapp’s” before Rapp “wriggled out” and left.

The judge also said that Rapp made it clear in a two-minute deposition that Spacey did not attempt to kiss him, undress him, touch him under his clothes, or make any sexualized statements to him during their encounter.

Judge Lewis Kaplan is allowing Rapp to pursue his claims of battery and intentional infliction of emotional distress but dropped the assault due to restrictions with the statute of limitations. Rapp had also requested to have the trial brought back to the state court where he initially filed, but Kaplan denied this request.

It seems that Rapp will have to prove in court that Spacey’s conduct constituted forcible touching of his “intimate parts,” per Kaplan’s ruling that there’s a “genuine issue of material fact” as to whether or not that happened.

Coincidentally, the same day Spacey appeared in Manhattan federal court for an evidentiary hearing, it was also revealed that he would be facing charges in the U.K. for sexual assault though they can’t be formally applied to him unless he enters the country.

The pending start date for the civil suit’s trial is currently October 4.

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