From today's opinion by Judge Lewis Kaplan (S.D.N.Y.) in Rapp v. Fowler:
Plaintiff Anthony Rapp brings this action pursuant to New York's Child Victims Act against Kevin Spacey Fowler, better known as Kevin Spacey, for sexual assault allegedly committed in Manhattan in 1986 when Mr. Rapp was 14 years of age….
Very briefly stated, Mr. Rapp claims that Mr. Fowler lifted him up, that Mr. Fowler's hand his "grazed" Mr. Rapp's clothed buttock for seconds as he did so, that Mr. Fowler placed Mr. Rapp back down on a bed, and Mr. Fowler then briefly placed his own clothed body partially beside and partially across Mr. Rapp's. Mr. Rapp "wriggled out," got up, and left the premises. Mr. Rapp testified at his deposition that there was no kissing, no undressing, no reaching under clothes, and no sexualized statements or innuendo. He acknowledges that the entire incident took no more than two minutes.
The complaint alleges that Mr. Fowler's actions constituted assault, battery and intentional infliction of emotional distress. Mr. Rapp seeks compensatory and punitive damages….
Under the usually applicable New York statutes of limitations, these claims all would be time barred. In 2019, however, the Legislature enacted the Child Victims Act, which [revives otherwise time-barred claims based on] "injury … suffered as a result of conduct which would constitute a sexual offense … against a child less than eighteen years of age …." …
