Prosecutors have dropped a sex assault charge in the criminal case against actor Kevin Spacey after the alleged victim refused to testify.
The actor was facing a felony charge of indecent assault and battery in Nantucket, Massachusetts.
Spacey was accused of groping a then-18-year-old busboy in a bar in July 2016. The actor denied the charges. The accuser’s mother, former TV news presenter Heather Unruh, went public with the accusations in 2017.
But prosecutors said in court documents they were dropping the charges “due to the unavailability of the complaining witness.”
Spacey’s lawyers previously accused the man of deleting text messages that would have supported the actor’s defence.
The alleged victim denied deleting or altering messages and said he could not find the mobile phone.
He invoked his Fifth Amendment right against self-incrimination and refused to testify when asked if he knew manipulating evidence was a crime.
The announcement comes after the accuser earlier this month announced he was dropping a civil case against Spacey.
Kevin Spacey faced string of misconduct allegations
The accuser told police he approached Spacey in the bar because he wanted a photo.
He claimed Spacey bought him alcohol and tried to persuade him to leave with him. Spacey allegedly unzipped the man’s pants and groped him.
Kevin Spacey’s career collapsed in 2017 following a string of sexual misconduct allegations.
His first accuser, actor Anthony Rapp, claimed Spacey climbed on top of him on a bed in 1986 when Rapp was 14 and Spacey 26.
Spacey said he did not remember the encounter but apologised for “inappropriate drunken behavior.”
The actor went on to come out as a gay man for the first time, infuriating the LGBTIQ community for attempting to “deflect and distract” from the allegations.
Netflix subsequently sacked Spacey from his starring role in drama series House of Cards.
Christopher Plummer also replaced Spacey in the film All the Money in the World, which Spacey had completed shooting.
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