The sexual assault case against Kevin Spacey has been dropped, according to Massachusetts prosecutors.
The decision was made “due to the unavailability of the complaining witness,” said Cape and Islands District Attorney Michael O’Keefe in a document filed Wednesday.
Spacey, 59, had been accused of groping an 18-year-old man in July 2016.
The former busboy refused to speak in court earlier this month — invoking the Fifth Amendment after being questioned by the “House of Cards” star’s lawyer about text and Snapchat messages that could prove the actor’s innocence.
He initially denied deleting the messages, which — according to Spacey’s attorney Alan Jackson — could possibly prove he consented.
“This entire case is completely compromised,” Jackson said in court. “This case needs to be dismissed and I believe it should be dismissed today.”
A hearing had been set for July 31 before prosecutors decided to drop the case Wednesday.
O’Keefe’s office said they had met with Spacey’s accuser on Sunday “to further review” the charges “in light of” him taking the Fifth.
The family of Spacey’s accuser have also dropped its civil case against him “with prejudice,” meaning the matter cannot be revisited in court.
Their lawyer, Mitchell Garabedian, told reporters that the family made the move because of the “emotional roller coaster” they had been on. They’ve insisted that the case was not dropped due to a settlement.
“My client and his family have shown an enormous amount of courage under difficult circumstances,” Garabedian said in a statement Wednesday. I have no further comment at this time.”