The lawsuit in which Kevin Spacey is accused of assault has been dropped, Reuters reports .

According to legal documents, the case is canceled due to the “unavailability of the prosecutor”. During a session in the case at the beginning of July, the man announced that he would invoke his right to remain silent.

The documents show that the prosecutor was informed by the judge last Sunday that if he kept to his right to remain silent, the court case would no longer go ahead. The man then decided, after consulting with his lawyers, to abandon the lawsuit.

The prosecutor had to prevent his claim that he had lost his phone, on which there was evidence that the actor’s innocence would prove.

Spacey’s legal team demanded that the phone be brought in as evidence because it was suspected that the man would have removed text messages from the Oscar winner that would prove that the actor is not to blame.

Because the prosecutor refused to answer questions, the judge was forced to remove his previous witness statement from the court report. The Spacey lawyers then applied to the Nantucket Court to dismiss the case.

Spacey allegedly touched the man, who was eighteen at the time of the incident, immoral for minutes and unzipped his fly after the alleged victim asked for a photo and signature.

The 59-year-old House of Cards actor stated earlier that he was not guilty of allegations.

Spacey is accused by several men of sexual harassment and abuse. The accusations to his address started rolling when Anthony Rapp revealed that as a 14-year-old he had been attacked at a party by the actor, who was then 26.

Spacey was recently interrogated by Scotland Yard in America, where he was confronted with a total of six charges of sexual abuse.