(CNN) – Kevin Spacey's defense team argues in a new legal presentation that the waitress accusing the attacker flirting with Spacey that night. "On his own he did not protest against the alleged friction, he did not ask (Spacey) to stop and did not move away from the situation," wrote Spacey lawyers Alan Jackson and Juliane Balliro in the presentation Monday.
The court records, where the court is asked to retain texts and digital evidence between the waiter's assistant and his girlfriend, representing Spacey's first major defense in the case.
Spacey, the 59-year-old actor, was charged Monday in the Nantucket court for innocent assaults and battery charges. His defense presented a declaration of innocence on his behalf.
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The incident was reportedly occurring in July 2016. The bartender went ahead of the police more than a year later. He told the police that he did so because he didn't want it to happen to anyone else who happened to him, the complaint said.
Monday's presentation shows several arguments that attempt to attack the server's credibility in an attempt to question what happened that night on Nantucket.
"The actions granted during and immediately after the alleged three-minute meeting are completely incompatible with a victim of sexual assault," the lawyers told the document.
Experts reject the idea that all victims of sexual abuse behave the same way. For example, during the trial of Bill Cosby, forensic psychiatrist Barbara Ziv stated that it is generally common for victims of sexual abuse to report abuses to the police long after the incident.
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"We owe it to the victims that they are not the kind of victim we think they should be," said Ziv. "It is part of the rape myth that victims report promptly and show a variety of symptoms."
What do the charges say?
The fees are due to an event that occurred in July 2016 at Club Car, a restaurant and bar in Nantucket. The criminal complaint says Spacey bought a series of drinks for the 18-year-old. After about an hour of interaction, Spacey rubbed the assistant's penis and took it out of his pants for three minutes, the young man told the police.
The lawsuit says that the 18-year-old friend became friends with the actor, known for his roles in the film The usual suspicions and in the Netflix series "House of Cards". The assistant waiter's shift ended at midnight, after which he changed his clothes and began talking to Spacey.
According to the complaint, the waitress told the police that Spacey had bought him more alcoholic drinks, bragged him about the size of his penis and tried to get him back to the actor's house later.
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When the two approached the piano in the bar, Spacey approached and began to rub the assistant's thigh, the complaint said. Spacey when unbuttoned prosecutors pants and rub his penis, in and out of his pants, for about three minutes, he told police.
The waiter filmed a short section of the alleged palpation on Snapchat and sent the video to his girlfriend, the complaint. In an interview with the police, the investigators showed the video to the waitress and confirmed his and Spacey's clothes that night.
When Spacey went to the toilet, the assistant waiter went from the bar and went home, according to the complaint.
What does the defense say?
The defense's presentation, however, highlighted other aspects of the criminal complaint and did not agree with employee charges.
"(Your) unfounded claims, by the fact, of sexual assault are obviously false," the lawyers wrote.
Prosecutors acknowledge that assistant waiter lied about his age to Spacey, said he was 23 years old and failed to say he was a student at Wake Forest University. The Armed Forces also noted that the waiter "thanked" Spacey's drinks, letting him put his arm around him, leaving the bar to smoke a cigarette and giving him his phone number.
"At best, this describes two people involved in a mutual and consensual flirting, no more," writes the defense.
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The criminal complaint, filed in late December, contains several witnesses saying they saw Spacey and assistant waitress together in the club. But the defense notes that none of the witnesses claimed that they had personally seen an attack.
In addition, the defense said Snapchat's short video "shows nothing remotely described as aggressive behavior," defends the defense.
The main purpose of the legal presentation of the defense is to preserve the evidence of what the waiter sent with text message and Snapchat about the interaction with Spacey.
His girlfriend told the police that he had received a Snapchat about Spacey who said, "Touch the front of the waiter's pants through the crotch." When asked about the Snapchat video, she said she had only seen him twice and could not give more description than a hand touching the pants by the waiter assistant.
"All text messages and instant messages sent during and after the alleged incident are relevant to the question of consent, and if the lack of consent was rightfully communicated to (Spacey)," the defense lawyers write.