Massachusetts prosecutors decided on Wednesday to drop a groping charge against the actor Kevin Spacy. However, the prosecutor’s decision to drop the charge “in no way” means that the actor has been exonerated, they say.

The charges against Spacey was from an alleged victim who said that the actor groped him in a Nantucket bar when he was 18. The case hinged on evidence from the man’s cellphone but the case fell apart when the victim pleaded the Fifth about possibly altering the evidence.


“If you have a complaining witness who is allegedly a sexual assault victim, who is claiming the Fifth Amendment and is, therefore, is not going to testify, what have you got? You’ve got nothing,” said Rikki Kleiman told CBS News. “The fact that the prosecution… has decided not to go forward in no way says that Kevin Spacey has…been exonerated. The prosecution was simply faced with a case that by virtue of the alleged victim…taking the Fifth Amendment, they didn’t have a witness to say what happened.”

The victim said the cell phone he used that night in 2016 contained incriminating text messages and videos. However, he later told authorities he lost the phone.

“He had shot a video of Kevin Spacey sticking his hand inside his pants,” said the victim’s mother, Heather Unruh, who testified earlier this month.

After he pleaded the Fifth, the district attorney filed a motion to drop the case against Spacey saying, “the unavailability of the complaining witness.”

Spacey could file defamation charges against his accuser, but he is also still facing sexual assault allegations in Great Britain.

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