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Kevin Spacey has failed to convince a judge to dismiss the lawsuit brought by actor Anthony Rapp — and the two will be heading to trial this fall.

According to court documents obtained by Radar, a federal judge in New York has set a trial date for October 4, 2022.

In the suit, Rapp claims that a then 26-year-old Spacey sexually assaulted him at his apartment when he was only 14. Rapp says the actor invited him over to his pad for a party. In court docs, he claims the Hollywood star came on to him by grabbing his backside without permission. Rapp says Spacey proceeded to lift him on a bed and got on top without consent. Rapp says the entire situation caused him extreme emotional distress that he carries to this day.

Spacey originally responded to the lawsuit with a public statement claiming he had no recollection of the incident but apologized admitting it could have been drunken behavior.

“I honestly do not remember the encounter, it would have been over 30 years ago. But if I did behave then as he describes, I owe him the sincerest apology for what would have been deeply inappropriate drunken behavior, and I am sorry for the feelings he describes having carried with him all these years,” he said.

In court, Spacey hired an expert who wrote a report claiming Rapp fabricated the allegations in an effort to be a part of the #MeToo movement.

In his recent attempt to dismiss the claims, Spacey filed a declaration under oath stating, “I categorically deny [Rapp's] claim that I sexually assaulted him or otherwise made a “sexual advance” on him.”

“I met [Rapp] several decades ago. I never had a sexual encounter with Mr. Rapp. Nor did I harbor any sexual interest or desire in Mr. Rapp at that time or any time,” he said.

The judge clearly believes a jury should make a determination on the facts. The filing notes the trial is expected to last 2 weeks or less. Spacey and Rapp are both set to take the stand and testify.