Alleged victim declines to testify and evidence goes missing.
One of the sexual assault charges against actor Kevin Spacey has been dropped. Spacey, 59, was accused of sexually assaulting an 18-year-old man in a Nantucket bar in 2016. However, the complainant, now 21, declined to testify in court and, crucially, a mobile phone the man had with him on the night, thought to contain evidence, has gone missing.
In Spacey’s version of events, on the night in question he and the man engaged in “mutual and consensual flirting”. The man says Spacey attempted to put his hands down his pants.
The mobile phone was used by the young man to text his girlfriend during the encounter and police gathered it for evidence and later returned it to the man. The man’s family claim the police did not return the phone and its whereabouts remain unknown. The man’s mother admits deleting material from the phone.
Adam Citron, Senior Counsel at Davidoff Hutcher And Citron, told the UK’s Telegraph that the family’s prosecutors, “knew what was on the cell phone and… likely saw which way the case was headed.”
“You’re dealing with a young person who was perhaps not entirely straightforward with his mother about what happened. And a mother who perhaps didn’t entirely know the full facts,” he speculated.
Spacey is still assisting police in both the USA and UK investigating other claims against him of sexual assault. He has not been arrested. If convicted of the Nantucket bar incident he faced, potentially, five years jail time.
Spacey’s acting career has ground to a halt since he was first accused of assault by fellow actor, Anthony Rapp in October 2017. He was written out of his popular TV series House Of Cards (of which he was once an Executive Producer), and his scenes in the feature film All The Money In The World were reshot with Christopher Plummer before its release.