A criminal case against two-time Oscar-winning actor Kevin Spacey was dropped Wednesday, one week after his accuser pleaded the Fifth on the witness stand, CNN reports.

The report cites a court filing in the Massachusetts case by Cape and Islands District Attorney Michael O’Keefe saying the decision was made to drop the case “due to the unavailability of the complaining witness.”

“Spacey, 59, had faced criminal charge of indecent assault and battery in connection with a July 2016 incident where he was accused of groping a young man at a Nantucket bar,” CNN reports. “The former ‘House of Cards’ star had pleaded not guilty and faced up to five years in prison, if convicted.”

The alleged victim invoked his Fifth Amendment right against self-incrimination when he appeared in a pre-trial hearing July 8 to testify about the disappearance of a cell phone he used on the night of the alleged assault. The missing cell phone was considered a key piece of evidence in the case.