A New York City judge this week ruled a case in which he accused Cuba Gooding Jr. of touching a woman's chest on September 3.
The lawyer of the actor had asked the case on the basis of a video for rejection of alleged incident and two witnesses who said that it did not happen.
CUBA GOODING JR. STATE LAWYERS REJECT ANY CLAIM THAT HIS CLAIM IS MENTALLY UNSTABLE
"This court disagrees," wrote the judge. "The conflicting facts between the criminal information and the defendant's petition should be clarified in court."
The lawsuit alleges that Gooding grabbed a 29-year-old woman's chest at a Manhattan rooftop bar last June without permission. The alleged victim said she thought he was drunk at the time.
The actor "Jerry Maguire" was arrested four days later and did not plead guilty APP
Gooding's lawyer said on Thursday he still expected his client to be relieved.
The Associated Press contributed to this report.