The indecent assault and battery case against Kevin Spacey has been dismissed by prosecutors in Nantucket.
The Cape and Islands district attorney said today (July 17) they have dropped the criminal case which was brought against the actor after he was accused of sexually assaulting an 18-year-old man in a bar in Nantucket, Massachusetts, in 2016.
The alleged victim claimed Spacey had got him drunk and repeatedly groped him at the restaurant and bar where the teen worked as a busboy.
He claimed to have texted his girlfriend during the incident, however, when defense lawyer Alan Jackson pressed him about the messages, asking if he had deleted texts that were exculpatory for Spacey, the man took the Fifth Amendment, which protects individuals from being forced to incriminate themselves, TMZ report.
Spacey’s lawyer reportedly had information the alleged victim had selectively deleted texts but the case struggled after the man invoked the Fifth Amendment.
According to legal documents obtained by TMZ, the case was dropped ‘due to the unavailability of the complaining witness’. Sources have said the dismissal was at the behest of prosecutors.
The criminal sexual assault case against Kevin Spacey has been dropped, due to the “unavailability of the complaining witness.” pic.twitter.com/RRiAW7jRMj
— Chris Villani (@ChrisVillani44) July 17, 2019
However, the Telegraph report the case was dropped after growing concerns about a missing piece of evidence. The accuser was reportedly supposed to turn the phone he used on the night over to the defense but instead said it was missing. Police reportedly insisted it was returned to the family, while the family say it was not.
The alleged victim’s mother is also said to have admitted to deleting some material on the phone; an admission which was seized upon by Spacey’s legal team.
The former House of Cards actor denied the allegations and reportedly insisted in court filings that the pair spent an enjoyable night together and engaged in ‘mutual and consensual flirting’.
Spacey also faces six allegations of sexual assault in the UK from between 1996 and 2013. According to Variety, the 59-year-old was interviewed voluntarily under caution in May when Scotland Yard detectives travelled to the US.
The Metropolitan Police did not name the individual questioned when asked for comment, but a spokeswoman said:
In May 2019, a man was voluntarily interviewed under caution in America, by officers from the Met’s Complex Case Team.
Spacey was not arrested and inquiries into the accusations in the UK are still ongoing.
If you have been affected by any of the issues in this article and wish to speak to someone in confidence contact the Rape Crisis England and Wales helpline on 0808 802 9999 (12-2:30 and 7-9:30). Alternatively you can contact Victim Support on 08 08 16 89 111.
Male Survivors Partnership is available to support adult male survivors of sexual abuse and rape. You can contact the organisation on its website or on its helpline – 0808 800 5005.
Emily Brown first began delivering important news stories aged just 13, when she launched her career with a paper round. She graduated with a BA Hons in English Language in the Media from Lancaster University, and went on to become a freelance writer and blogger. Emily contributed to The Sunday Times Travel Magazine and Student Problems before becoming a journalist at UNILAD, where she works on breaking news as well as longer form features.