LOS ANGELES (AP) — A Los Angeles judge has dismissed a sexual battery charge against “Girls Gone Wild” founder Joe Francis because prosecutors said they were unable to contact his accuser.

The judge dismissed the misdemeanor count Thursday after city prosecutors said they were unable to proceed because they had not seen or heard from the 18-year-old woman or an alleged witness.

Francis was accused of groping the woman’s breasts and buttocks at a birthday party in Hollywood last year. The millionaire founder of the sex video empire could have faced up to six months in jail.

Defense attorney Mark Werksman says Francis never touched the girl and that the case was based on lies and exaggerations.