The actor is due to be formally charged next week.
According to court filings seen by CNN, video footage of an alleged assault by Kevin Spacey on a then-18 year old busboy exists and will form part of the case against the actor.
Spacey, who has more than a number of criminal investigations pending against him in other jurisdictions, is to be formally charged with felony sexual assault on January 7th. The complaint alleges that Spacey groped the then-18 year old and bought him alcohol.
The legal drinking age is 21 in Nantucket, where the incident is alleged to have taken place. The complainant was, he claims, texting his girlfriend and sent her Snapchat videos as the incident took place. Investigators are now in possession of the video, and reportedly confirmed Spacey's identity from the video along with the alleged victim.
In a perceived attempt to head off the fallout of the charges, Spacey released a bizarre video on Christmas Eve in character as Frank Underwood from 'House of Cards', claiming that he was "certainly not going to pay the price for the things I didn’t do."
Spacey has made no further comment since the video's release.