Prosecutors in the US announced that the charge against Kevin Spacey accusing the actor of sexually assaulting an 18-year-old boy in a Massachusetts bar has been dropped.
The dropping of this case followed a civil charge brought by the boy against Spacey also being dropped last week.
In court documents, Cape and Island District Attorney Michael O’Keefe said the charge was dropped “due to the unavailability of the complaining witness.”
News anchor Heather Unruh accused Spacey of getting her son, William Little, drunk at the Club Car, a bar in Nantucket and groping him on July 2016 when Little was 18 years old.
Spacey was charged with indecent assault and battery for the alleged incident and pleaded not guilty and always claimed he was innocent.
The accusations about Spacey’s actions with young men began when actor Anthony Rapp claimed Stacey made sexual advances on him when he was just 14. This led to the actor being dismissed from his role on the Netflix series House of Cards and Spacey coming out as gay.
During a pre-trial hearing on July 8, Little, now 21, refused to testify about his missing cell phone.
Spacey’s defence lawyer Alan Jackson questioned Little on whether he deleted text messages from his phone before giving his phone to authorities.
Little had claimed that he was texting his girlfriend while Kevin Spacey was groping him.
Unruh admitted that she had deleted select text messages from her son’s phone that reflected his “frat boy activities.”
The alleged victim asserted his Fifth Amendment right against self-incrimination and refused to testify further after being questioned about text messages the defence claims were deleted.
On Sunday, prosecutors met with the accuser and his family to discuss the case.
“The complaining witness was informed that if he chose to continue to invoke his Fifth Amendment right, the case would not be able to go forward,” O’Keefe said in a statement.
The accuser said he would not waive his Fifth Amendment right, and prosecutors told him the only way to continue the case would be to “indict the defendant, immunize the complaining witness and force his testimony.” That process would make “further prosecution untenable,” O’Keefe said.
The accuser’s lawyer, Mitchell Garabedian, released a statement Wednesday afternoon.
“My client and his family have shown an enormous amount of courage under difficult circumstances,” he said.
“I have no further comment at this time.”
This is the only sexual assault accusation against Kevin Spacey to make it to a criminal case so far.
Investigations are still underway on other sexual assault accusations in Los Angeles and London.