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Prosecutors Drop Kevin Spacey's Criminal Sexual Assault Case Due to Accuser's 'Unavailability'

Kevin Spacey ‘s sexual assault criminal case has been dropped, PEOPLE confirms.

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According to court documents obtained by PEOPLE, the former House of Cards actor, 59, will not be prosecuted after he was accused of groping a young man at a Nantucket bar in 2016.

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“Now comes the Commonwealth, by and through its District Attorney, Michael O’Keefe, and hereby files a Nolle Prosequi in the above matter due to the unavailability of the complaining witness,” Nantucket District Attorney Michael O’Keefe filed in a document on Wednesday

Nolle Prosequi” is “Latin for ‘we shall no longer prosecute,’ ” according to  Cornell Law,  and “is an entry made on the record by a prosecutor in a criminal case or a plaintiff in a civil case stating that he will no longer pursue the matter.”

The sexual assault accusation was first brought forward in November 2017 by former Boston TV news anchor Heather Unruh when she  publicly accused the actor of assaulting her then 18-year-old son  at a bar in July 2016. The accusation came amid a flurry of other sexual misconduct allegations and claims that Spacey had made  unwanted sexual advances  toward young male actors over the years

Following the dismissal on Wednesday, the attorney for the alleged victim said, “My client and his family have shown an enormous amount of courage under difficult circumstances,”  according to  NBC10 Boston’s Eli Rosenberg

FILE – In this June 3, 2019 file photo, actor Kevin Spacey attends a pretrial hearing at district court in Nantucket, Mass. The Oscar-winning actor is accused of groping the teenage son of a former Boston TV anchor in 2016 in the crowded bar at the Club Car in Nantucket. An attorney for the man who has accused Spacey says, Wednesday, June 19, 2019, that the man cannot find a cellphone he has been ordered to turn over to the defense. Spacey‘s lawyers want to try to recover text messages they say would help the actor’s case. (AP Photo/Steven Senne) More RELATED: Kevin Spacey Photographed Smiling, Wearing ‘Retired Since 2017’ Hat After Sexual Assault Charge

In  police reports obtained by PEOPLE , Unruh’s son told authorities that he was “texting and snapchatting” when Spacey reached down his pants and repeatedly touched his genitals over the course of three minutes while they were together at the Nantucket bar, where the accuser worked as a busboy

He also told investigators that he approached Spacey that night, wanting a photo, and proceeded to drink heavily with the actor — after lying about his age by saying he was a 23-year-old college student — before the alleged assault took place, according to the police reports

The accuser said Spacey’s alleged touching went on for about three minutes and that he tried to move away, to no avail, according to the reports. He said that he fled when Spacey went to the bathroom

Kevin Spacey | David M Benett/Dave Benett/Getty More News about the charge against Spacey broke the same day that the actor  released a video  — portraying his deceased  House of Cards character,  Frank Underwood — in which he alluded to the  multiple sexual assault allegations  against him, and maintained his innocence

“Of course, some believed everything and have just been waiting with bated breath to hear me confess it all,” Spacey said in the video shared to his social channels. “They’re just dying to have me declare that everything said is true and that I got what I deserved. Wouldn’t that be easy if it was all so simple? Only you and I both know it’s never that simple, not in politics and not in life.”

He said, “I can promise you this: If I didn’t pay the price for the things we both know I did do, I’m certainly not going to pay the price for the things I didn’t do.”

Earlier this month, the  accuser spoke out publicly  for the first time at a hearing in Nantucket District Court

Following the 40-minute testimony — during which he denied altering text messages and other information from the night of the alleged incident, and said he never received the phone back from law enforcement officials, to whom the device was turned over — the accuser, now 20, invoked his Fifth Amendment right against self-incrimination

RELATED: Kevin Spacey’s Accuser Drops Sexual Assault Civil Lawsuit Against Actor

That, according to Judge Thomas Barrett, means the testimony previously given by the man — now a college senior — would be stricken

Spacey’s attorney, Alan Jackson, asked the judge to dismiss the case immediately, saying because the accuser would not testify — coupled with the missing phone — proceeding would be a waste of time and money for all involved

Barrett said that while the criminal charges against Spacey for indecent assault and battery “may well be dismissed,” they were “not going to be dismissed today.” Spacey has pleaded not guilty to the charges

The accuser’s  civil lawsuit  against Spacey was  dropped  earlier this month