The younger man who accused Kevin Spacey of sexually assaulting him in a restaurant in Nantucket, Mass., in 2016 has dropped his lawsuit towards the actor simply six days after submitting it.
The lawsuit was dropped “with prejudice,” which means it won’t be refiled, however the discover filed by the person’s lawyer in Nantucket Superior Court on Wednesday didn’t say if a settlement had been reached. Mr. Spacey additionally faces a felony cost of indecent assault and battery associated to the identical accusation. A spokeswoman from the Cape and Islands district legal professional’s workplace, which is prosecuting Mr. Spacey, mentioned on Friday that the felony case “will go forward.”
The accuser, who was 18 years previous on the time of the alleged assault, mentioned that Mr. Spacey fondled his genitals for about three minutes after plying him with drinks. Mr. Spacey, 59, has pleaded not responsible and his protection lawyer, Alan Jackson, has argued that the accuser welcomed Mr. Spacey’s “alleged advances” as a result of he needed a “story” to inform.
The accuser’s lawyer, Mitchell Garabedian, declined to touch upon Friday. Mr. Jackson didn’t reply to messages searching for remark.
The accuser, who’s now 21, informed the police that he was working as a busboy on the restaurant, the Club Car, when he began consuming with Mr. Spacey one evening in July 2016. After each males had a number of drinks, the younger man mentioned, Mr. Spacey put his hand on his thigh, unzipped his pants and rubbed his penis for about three minutes, in keeping with courtroom paperwork. The younger man mentioned that Mr. Spacey was attempting to take him dwelling, however that he escaped the bar after telling a girl that he thought Mr. Spacey was attempting to rape him, in keeping with a police report.
Mr. Spacey’s lawyer has been attempting to acquire the smartphone that the younger man was carrying that evening, which the protection mentioned might include deleted messages supporting Mr. Spacey’s innocence. Last month, the accuser’s lawyer said that the phone was lost. The judge said that the accuser must produce the phone by Monday or appear in court, with his parents, to explain where it might be.
The young man’s mother, Heather Unruh, a former television news anchor in Boston, revealed at a news conference in the fall of 2017 that her son was accusing Mr. Spacey of sexually assaulting him. The accusation was made public shortly after the news of sexual assault allegations against Harvey Weinstein, as the #MeToo movement was beginning to gain traction. Around that time, the actor Anthony Rapp said that Mr. Spacey had sexually assaulted him in 1986, when Mr. Rapp was 14. Mr. Spacey has not been charged in that case, but the accusations against him have brought his acting career to a halt.
Eric MacLeish, a lawyer in the Boston area who specializes in sexual abuse cases and is not involved in the Spacey case, said in an interview on Friday that the sudden dismissal of the accuser’s lawsuit indicated that the parties either reached a settlement or the accuser’s lawyer recognized the pitfalls of filing a lawsuit during criminal proceedings. The danger of filing a lawsuit during a criminal case, Mr. MacLeish said, is that the defense could argue at trial that the accuser had financial incentives for making the allegation.