Police said to have a Snapchat video taken by 18-year-old who alleges actor assaulted him at a Massachusetts bar

Police have video of Kevin Spacey touching the crotch of an 18-year-old busboy he allegedly assaulted at a Massachusetts bar, according to a criminal complaint against the actor.

The alleged victim took a Snapchat video of part of his encounter with Spacey and sent it to his girlfriend, according to a Massachusetts state police report filed with a criminal complaint in Nantucket district court.

The complaint alleges that Spacey bought at least eight drinks for the off-duty busboy at the Club Car in Nantucket, told him, “Let’s get drunk”, pressured the man to go home with him, and bragged about the size of his penis.

Spacey, 59, is charged with indecent assault and battery for the alleged incident in July 2016, and is due to be arraigned on 7 January.

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The case became public after Heather Unruh, a former TV news anchor in Boston, came forward and said that Spacey assaulted her teenage son.

Spacey was dropped from the Netflix series House of Cards after allegations he sexually assaulted or harassed multiple men.

In the court documents, the then 18-year-old busboy told police Spacey arrived at the Club Car around 11.30pm while he was working. After he finished his shift, the man approached Spacey and they began to chat. He told Spacey he was 23. When he told Spacey he was from Boston, the actor said he named his dog Boston because he got it at a hospital there after the Boston Marathon bombings.

Spacey offered the man a drink, according to the police report, getting him at least four or five beers before suggesting they switch to whiskey, saying, “Let’s get drunk.” They then had four or five glasses of whisky.

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The actor later asked the busboy “what he was packing”, referring to his penis size, according to the police report, and bragged about his size.

The two men went outside around 1am to smoke a cigarette, where Spacey repeatedly asked the alleged victim to go back to his house. He refused, but continued to linger around the actor because he wanted a photo with him to post on Instagram.

While the two men were standing near a piano, Spacey rubbed the victim’s thigh, unzipped his pants, and touched his penis, the report says. The busboy texted his girlfriend about what was happening and, when she didn’t believe him, sent her a video on Snapchat.

The girlfriend told police in a separate interview that she got a video showing Spacey touching the front of her boyfriend’s pants by his crotch.

The busboy said he didn’t know what to do because he didn’t want to get in trouble for drinking at his place of work while under the legal drinking age.

He spoke to another woman in the bar and “told her he thought Kevin Spacey is trying to rape him”, the complaint says. She suggested he leave the bar, and he ran back to his home. He had exchanged phone numbers with Spacey at the bar, and the actor texted him, “I think we lost each other.”

His sister told police that after he got home, she woke up to find him sitting on the end of her bed breathing heavily and that he said, “Kevin Spacey just raped me.”

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The victim first called police about the alleged assault in October 2016, the report says. He came to work the day after the incident but told the owner he wanted to leave if Spacey showed up. His mother encouraged him to call the police immediately, but he said he didn’t want to get anyone at the bar in trouble.

Spacey has not addressed the allegation directly, but on Monday posted a video to his Twitter account where he speaks in his character Frank Underwood from House of Cards, saying, “I’m certainly not going to pay the price for the thing I didn’t do.”

At a court hearing last week, Spacey’s lawyers argued that the video shows someone’s hand touching another person’s shirt, but does not show anyone being groped, according to the Boston Globe, which obtained an audio recording of the hearing. They also stressed that the man did not report the incident to police right away, lied about his age, and was so drunk he may not have remembered what took place.

His attorney did not immediately return a call for comment about the allegations in the Nantucket complaint.