Video Evidence of Alleged Kevin Spacey Sexual Assault Exists, Authorities Say

Kevin Spacey - 2016 SAG - Getty - H 2017
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Lawyers for the disgraced actor reportedly argued in court that the video shows nothing illegal.

Video evidence of Kevin Spacey allegedly sexually assaulting an 18-year-old exists, authorities say, according to the criminal complaint obtained by The Hollywood Reporter. 

News broke on Christmas Eve that the two-time Oscar-winning actor would face one felony charge for allegedly assaulting a young man in a bar in 2016. Spacey is due to be arraigned on a charge of indecent assault and battery at Nantucket District Court on Jan. 7, 2019, in Massachusetts.

The complaint filed in Nantucket District Court states that investigators have footage of Spacey groping the alleged victim. 

The victim was 18 at the time, and, according to documents, took a Snapchat video during the encounter with the actor at the Nantucket restaurant and bar Club Car late on July 7, 2016. He then sent that video to his girlfriend while also allegedly telling her via texts that the actor was hitting on him. 

The alleged victim is being represented by renowned Boston attorney Mitchell Garabedian.

The report — filed with Massachusetts State Police troopers assigned directly to the Cape and Islands District Attorney's Office — says the alleged victim was a busboy at the restaurant. He saw Spacey and the actor's manager were at the establishment, so after his shift, he changed clothes and talked to Spacey, he told authorities, according to court paperwork.  

He lied about his age to the actor, saying he was 23, so Spacey allegedly bought him numerous drinks. When the alleged victim asked Spacey for a picture, the actor declined unless the young man came home with him, the complaint states. 

The two exchanged phone numbers, but the accuser said he told the actor he had a girlfriend. The man also told investigators, according to the complaint, that during their conversation Spacey bragged about the size of his penis. Later in the evening, while the then 18-year-old was intoxicated, and after they smoked cigarettes outside, the actor allegedly unzipped the accuser's pants and assaulted him, he told police, according to the criminal complaint. The alleged assault took place at the establishment. 

After the alleged assault, which the victim claimed he was frozen with shock throughout, the actor went to the restroom at which time the young man left. He told investigators Spacey texted him "I think we lost each other," shortly thereafter, according to the complaint. The alleged victim did not respond. 

The young man's sister and then-girlfriend corroborated his story to investigators on what he told them at the time, while other employees of the Club Car said they remember seeing Spacey but didn't witness the alleged sexual assault.

An audio recording of a Dec. 20 court hearing obtained by the Boston Globe details that attorneys for Spacey (including Los Angeles-based criminal defense attorney Alan Jackson) argued there was insufficient evidence to move forward with a charge, pointing out that the victim did not go to the authorities for more than a year.  

As for the video, Jackson argued, according to the Globe, the footage shows someone's hand touching another person's shirt but does not show anyone being groped.

The same day it was announced the actor would be charged, Spacey broke his public silence and released a video, where he appears to defend himself while in character as his House of Cards alter ego, Frank Underwood. "My confidence grows each day that soon enough, you will know the full truth," the actor says in the bizarre and poorly timed video.

Spacey is still under investigation in Los Angeles and in England for other alleged sexual assaults.