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Kevin Spacey won't be charged for sexual battery after masseur making allegation dies

The Los Angeles County District Attorney's office said that the allegations against Spacey could not be proven without the the masseur's participation.
Image: Actor Kevin Spacey arrives to face a sexual assault charge at Nantucket District Court in Nantucket
Actor Kevin Spacey arrives to face a sexual assault charge in Nantucket, Massachusetts, on Jan. 7, 2019. Charges against him in Nantucket were dropped Wednesday, July 17, 2019.Brian Snyder / Reuters file

LOS ANGELES — Los Angeles prosecutors have rejected a sexual battery case against Kevin Spacey because the accuser has died.

The Los Angeles County District Attorney's office announced the decision Tuesday. The case stemmed from a masseur's allegations that Spacey inappropriately touched him during a massage session at a home in Malibu, California, in October 2016.

The decision states that the allegations against Spacey could not be proven without the masseur's participation. The man also sued Spacey under the alias John Doe in a case that remains pending in federal court.

An email sent to Spacey's lawyer Alan Jackson was not immediately returned. Spacey's attorneys have previously denied wrongdoing in the masseur case, saying the accuser had failed to substantiate his allegations or even specify when and where the alleged assault occurred.

Massachusetts prosecutors in July dropped a criminal case against Spacey filed after accusations that he groped an 18-year-old man at a bar on the resort island of Nantucket in 2016.

In that case, Spacey's accuser invoked his Fifth Amendment right not to testify about text messages from the night of the alleged groping that the defense claimed were deleted. Spacey had pleaded not guilty to the charges before the case was dropped.

Police in London are also investigating allegations of sexual misconduct by Spacey, but there's been no public update on that inquiry. Spacey and his representatives have also not commented publicly on on the inquiry.