(CNN) – The actor Kevin Spacey is going to declare innocent, this Monday, in a court in Nantucket, where he accused of having dropped an 18-year-old waiter in an island bar, according to forecasts.
Spacey, 59, who will be charged with indecent assault, said last week in a statement that he would be guilty of the charges.
His lawyers demanded that he abstain from his right to be present at Monday's hearing and claimed that the actor lived out of the state and that his presence would "reinforce the negative advertising already generated" in the case.
However, Judge Thomas Barrett denied that request.
The case comes from an event that happened in July 2016, at Club Car, a restaurant and bar in Nantucket. According to the criminal complaint, an 18-year-old employee told Club Car Spacey that he was 23 years old and became friends with the actor, known for his roles in the movie "The Usual Suspects" and in the Netflix series "House of Cards".
According to the complaint, the waitress told the police that Spacey had bought him more alcoholic drinks, bragged him about the size of his penis and tried to get him home later.
Later, when the two stopped near the barpianist, Spacey approached and began to rub the assistant's thigh, the complaint said. Spacey when unbuttoned prosecutors pants and rubbed his penis in and out of his pants for about three minutes, he told police.
The waiter filmed a short part of the alleged contact on Snapchat and sent the video to her boyfriend, the complaint. In an interview with the police, the investigators showed the video to the waitress and confirmed his clothes and Spacey that night.
After several minutes, Spacey came up in the bathroom, and the young man, 18, left the bar and went home, according to the complaint.