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‘Elizabeth consented to all of these acts, which were consistent with her and Steven’s past consensual sexual conduct’

To celebrate her 50th birthday, Kelly and a girlfriend travelled to Fort Lauderdale, Fla., on Oct. 24, 2014. Joyce collected them at the airport and took them to his father’s 49-metre yacht, Destination Fox Harb’r Too.

Prior to the incident in which Kelly claims she was raped, the two had consensual sex, both parties say.

Joyce’s statement says they had sex before a short cruise, after the cruise, and later that evening on the beach. They also had sex the following day after the alleged rape, he says.

Kelly claims, in a lawsuit filed in February, that she suffered a serious wrist injury when Joyce tried to drag her girlfriend into bed with them. While still aching, she went naked into the yacht’s hot tub with him and, as she got out, Joyce “without warning, suddenly and inexplicably forced the plaintiff face down on a chaise lounge and subjected the plaintiff to a vicious sexual battery,” her lawsuit claims.

In his description of the incident, after the couple got out of the hot tub, “they engaged in a number of consensual sexual acts on the top deck of the yacht,” his statement says. “Elizabeth consented to all of these acts, which were consistent with her and Steven’s past consensual sexual conduct.”

He says the day after the incident in which Kelly says she was raped the couple and others dined together to celebrate Kelly’s birthday. After dinner, they went to a hotel room and had consensual sex.

The following day, Kelly and others returned to the yacht and, after socializing, Joyce and Kelly again had sex in the ship’s stateroom.