A second case of sexual misconduct against actor Kevin Spacey was dropped Tuesday after Los Angeles prosecutors decided that it couldn’t move forward without the participation of the accuser, who died earlier this year.

“During the course of the investigation, the victim passed away,” Los Angeles County District Attorney Deputy Christina Buckley wrote in a  report, according to Variety. “The sexual assault allegations cannot be proved without the participation of the victim. Thus the case was declined.”

Spacey was facing charges of sexual battery after the accuser, a massage therapist, referred to as John Doe in an anonymous suit filed in September 2018, claimed that the 60-year-old actor grabbed his hand to Spacey’s private parts during a massage in 2016.

The alleged victim also said that the Oscar winner grabbed him by his shoulders in an attempt to kiss him and tried to fondle his genitals.