Second Man Accuses Topher DiMaggio Of Rape: “He Kept Going And Going, And I Said No, Please Stop, No”

Posted January 26, 2018 by with 78 comments

topherAfter reading Tegan Zayne’s statement accusing gay porn star Topher DiMaggio of rape, a second person has come forward today with a similar accusation, alleging that Topher DiMaggio raped him, too, in 2016. This person, “Dan,” is not in the porn industry, and he’s told his story in a written statement to gay news site Hornet. He’s chosen to remain anonymous due to concerns of retribution from DiMaggio and others associated with him, and here are excerpts of what he wrote:

Things went by, people left the party, and the next thing I remember is that I am alone with Topher in this place. I don’t know if I fell asleep and he woke me up, or how exactly I got into this position, but I was in the bedroom, I wasn’t wearing clothes, I was face-down, and he was trying to have sex with me.

And so I remember saying “No, I don’t want to do this,” and he said, “No, don’t worry about it,” and that’s kind of exactly what he said to Tegan. He was like, “No, it’s fine, don’t worry about it.” He inserted himself inside of me and started to have sex with me.

I said, “Stop, no, this hurts,” and he said, “Just don’t worry about it. Don’t worry about it.” And he kept going and going and going and I just remember saying “no, please stop, no, please.” And I remember … I could see it and feel it in my head. I could remember where I was, where my body was, the pain, where he was, and then he finished inside me.

And was like … OK, well, what the fuck? I don’t know where I am, really. I’m stuck here. And then I woke up the next morning, not really knowing what was happening, sort of putting the pieces together. It wasn’t until I left and went home and I showered and I felt the pain and I was like, Holy shit, I need to go see a doctor.

Dan went to the hospital and was put on anti-HIV medication for 30 days to prevent potential exposure to the STD. He declined to file a police report due to fears of retaliation and not knowing “what this guy was capable of,” adding, “I didn’t know if he had guns or if he was on drugs.” His full story with more details of the alleged rape is here.

As of post time, Topher DiMaggio has not responded to Hornet’s request for comment. Yesterday, Topher DiMaggio responded to Tegan Zayne’s accusation by issuing a statement that plagiarized another statement given by Russell Simmons to the New York Times last month. DiMaggio’s plagiarized statement also falsely accused Tegan Zayne of saying that he “willingly” slept with DiMaggio, which Zayne has never said.

  • Francis Mastro

    Nothing will happen because no one gives a fuck? but he should go to jail!!!!!!!

  • Jace

    And studios will continue to hire him.

    • King

      I would not be surprised if some studios, like Lucas Entertainment which hires murderers, try to capitalize on this and cast him in some rape fantasy scenario. There is no low to how some of these people try and profit on the pain and misfortune of others.

    • JP

      I don’t think online accusations are a cause for barring any employment.

  • C3xxx

    Give him sometime to find another source to plagiarize.

  • jimboivyo

    For someone who claims to remember so little, he sure remembers a lot. Just an observation.

    • C A

      Sounds fake and made up.

      • jimboivyo

        This is the part that seems unbelievable to me…”She [the hospital] told me that in order for her to do an exam to see what the damage was — cuts or bruises or scars — that I had to speak with the police officer. I told her I didn’t want to do that, so they didn’t perform an examination.”

        I can’t believe that a hospital would not perform a rape kit examination on a patient simply because he would not speak to a police officer at that time. I just can’t believe that could be true.

        • txhorn

          I just think it is poorly worded. It is not that they won’t treat him without him speaking to a police officer, but rather that if they find evidence of bruising or scarring it may fall under the state’s mandatory reporting requirements. For example, if you show up at a hospital to be treated in most states with a gunshot wound, you can expect to have a conversation with police about the gunshot wound because the health care workers (doctors, nurses, etc) are required to report it to police. Some states have such requirements for physical injuries due to sexual assault or abuse and I imagine that California would be one of those states.

          • jimboivyo

            Fair enough. I’m simply responding based upon his own testimony in the linked story.

          • Stevo Walker

            Yes, that also stood out to me. It makes little sense.

        • Zealot

          SANE exams are invasive and scary. I’ve held the hand of a few kids when it was happening (for as long as the nurse and police would allow)…and depending on the sensitivity level of the person performing it…let’s just say I’d have serious thoughts about allowing one also. Having said that, the evidence they collect is essential and makes or breaks a case. This is one of the reasons why so few people press charges. The process can be terrifying, impersonal and can make you feel all alone. In the best scenarios, there is a rape counselor present who can help with these issues and feelings. But at the end of the day, an adult can refuse the exam altogether if they so choose. There is no correlation to performing the exam and talking to the police that I’m aware of. Usually the victim is allowed to talk to a parent (depending on age and whether or not the parent is complicit in the rape act, or has knowledge of it), a social worker, or a rape counselor with the police there to observe the interview.

        • n24rc

          They did treat him, and gave a blood panel test and HIV resistant drugs. The rape kit and examination portion he refused because it is very invasive, and after an event like that, the last thing you want is for people to touch or examine your private areas.

        • Pinko of the Grange

          Are the kits provided by the City/County government, and therefore to be used, a procedure has to be followed?

          Just read some of the comments here, there are quite a few people that, basically, think men can’t be raped. And until one stares down a charge nurse over getting a partner into
          see their dying spouse (with the Med PoA in hand), it is easy to project one’s own caring
          experiences with the medical profession.

  • Who what where when how…

    Lock him up!!!

    • Pinko of the Grange

      Not yet, but be careful out there.

    • JP

      Lets just kill him. Two online accusations is enough!!

  • OverKill

    Rape is so hard to prove because it’s he said/he said or she said/he said, etc. especially when drugs and alcohol are involved as well because those things impair your judgment. It is looking like DiMaggio here is looking guilty and seems to take full advantage when the guy is barely awake.

    Unfortunately some gay studios will continue to hire him because they keep hiring racists, abusers, murderers, etc. Only studio I seen take a stand is NakedSword who nixed Cameron Diggs scene.

  • Scrapple

    I’m sure Topher will be ready to respond in seven days…
    https://uploads.disquscdn.com/images/1cd596a394d9bc43d46d2a9d8d4c1528028474584b2e5529a6d2c19d801bbe7b.jpg
    I’m anticipating a comment lifted from James Franco.

    • WhimsyCotton

      A digitally removed comment from James Franco.

    • Jason

      And the james franco makes a movie about it and stars as the victim – and doesnt fake the sex scene.

  • Joel

    Let’s see whose comment he steals and plagiarizes next as his own. Disgusting.

  • jimboivyo

    Who is Tim Lewis really? He claims in this article that he is a close personal friend of the person who was allegedly raped and who published this artice.

    “On Tuesday morning I received a phone call from a close friend. We
    rarely talk on the phone, so when he calls I know I should pick up.”

    So a close personal friend, who rarely talks on the phone with his close personal friend, suddenly claims an urgency to take his call?

    I’m not posting here to diminish this mans claim, or anyone elses claim of rape. I’m just saying there is much here, which makes no sense, and would more than likely be problematic to law enforcement, had he allowed law enforcement to intervene.

    • Three Olives

      I have a lot of close friends that I talk to all the time, sometimes almost daily by text, in person or other means but rarely talk to on the phone and that includes my partner, the few times I have called them there was a genuine expression of serious concern that I had called them, in one case very well warranted.

      Maybe it is a generational thing but I think I have called my partner maybe 3 times in the last year and only because it was urgent. I can’t think of any friend of I have called in that time period, even close ones that I see in person at least once a week.

      • ^This. I speak to my own parents by messenger far, far more often than I speak to them on the phone.

      • Druidiclore

        EXACTLY. There are people I text or email almost every day, but wouldn’t call, just because I’m not that much of a “phone call” person. I’m sure I have six or seven friends who say “if he’s actually calling, I’d best pick it up, because he sends texts – he NEVER calls….”

      • Scrapple

        Thank you. These days a lot of people prefer you text rather than call. And leaving a voicemail message is frowned upon too. If you’re out and about or otherwise occupied, it’s just easier to discretely read a text and type a response than talk on the phone.

    • cryptogay

      Well you try filling a gay porn blog with drama, I’m sure whoever called him was exactly who he thought he should be, and I without even one doubt believe the accusations made because this is a reputable site and I believe in journalism.

  • Stevo Walker

    The problem with anonymous allegations that name a specific person is that they decry discretion and expect the public to resolve the allegations. If I were him, I would include the names of anyone making a statement in my reply.

  • Odetofear

    Someone I follow from Instagram also stated Topher was aggressive and very angry when he was told no. I don’t want to reveal his name since I don’t know to what extent he wants his story out there but it certainly gave some gravity to Tegan’s accusations.

  • hi ZILLA

    This just sounds made up.

  • hi ZILLA

    This is basically he said/she said. I mean who accuses someone of rape over Twitter? Despite Tophers egotistical personality he’s still innocent until proven guilty.

  • WhimsyCotton

    Some people here are having doubts because of the refusal to file a police report. I’m having doubts because he feared retribution from a fucking porn star. What was Topher going to do? Cancel his porn subscriptions? Is Topher secretly a chola and connected to some Mexican cartel? https://uploads.disquscdn.com/images/48ceefad245704447151e00fc61e0e112e6f905eb0ff3f563fab756b6aabc86e.gif

    • NotAnLMD

      “Secretly”?

      • WhimsyCotton

        se·cret·ly
        ˈsēkrətlē/
        adverb
        adverb: secretly
        in a secret way; without others knowing.

        • NotAnLMD

          Okay, I see that didn’t go over well. His eyebrows look a bit deliberate and sculpted, hence the “secretly” a chola.

          • WhimsyCotton

            I debated which of the two you meant lol, and yes, the eyebrows serve pure 90s barrio realness.

    • n24rc

      Some porn performers have criminal records. If he was in a social circle, and met a few of them, it would naturally dawn on him to question retaliation. Not only that, men often don’t report it like some women because of shame and embarrassment and the high level scrutiny like you are doing. So I think it’s possible.

      • WhimsyCotton

        I don’t know. I just have a difficult time picturing someone with Topher DiMaggio’s eyebrows getting angry in a threatening manner.

        • Anonymous

          Are you kidding? I just watched his Chaosmen interview from 2007 when he was 21. He sure came off as a predator to me. In his scene with Silas, Silas clearly says “no kissing” and Topher says, “Fer sure, fer sure” and then forces his tongue down Silas’ mouth. If l had hooked up with him when he was 21, l wouldn’t have trusted him as far as l could throw him. Now that he’s spent 10 years at the gym, he’s even more intimidating. l don’t blame this guy for being afraid of Topher. l certainly would be,

          • WhimsyCotton

            He also couldn’t keep an erection for more than a few seconds at a time…

          • Anonymous

            And there’s that as well.

    • pangelboy

      I was thinking the same thing and then I read in his story he mentioned a gay porn star killing a producer, which is maybe a reference to the Harlow Cudra drama?

      And then I remembered how many stories I read of gay porn star murderers or those committing incredible crimes on this blog and his fear became more justified in my mind.

      • LoveCoates

        I’m an acquaintance of Romeo and friends with some in his circle. He has, after falling out with people, gotten them fired from bars or shunned and expeled from their friend group. One such person became so socially isolated after Romeo badmouthed him, he moved across the country.

        So if the accuser L.A.’s gaytertainment industry (bartender, go go dancer, server, model for gay undie brands, etc) and/or shares close mutual friends with Romeo, I can certainly understand the fear of retaliation. The L.A. Basic clique is not all that big. Loss of liveliehood and loss of your social circle aren’t small potatoes.

    • Marcus Collack

      He worked for Men right, so you know there has to be an assault charge somewhere.

    • Topher could do lots of things. Stalk him, talk shit about him, harass him the list goes on.

      • WhimsyCotton

        Or worse, corner him and talk about himself endlessly until the guy’s ears bleed from the never-ending Andrew Christian stories.

        • While telling the guy to not worry about it.

  • hi ZILLA

    “he told me that in order for her to do an exam to see what the damage was — cuts or bruises or scars — that I had to speak with the police officer. I told her I didn’t want to do that, so they didn’t perform an examination. They gave me 30 days of three different types of antiretrovirals for potential exposure to HIV.” Why wouldn’t you report it to the authorities?

    • Pinko of the Grange

      Shame, fear of retribution, etc are the usual suspects.

  • elyp

    It gets messy real quick.

  • SaintMike

    “…concerns of retribution from DiMaggio and others associated with him.” What?!! HA! now that’s funny! https://uploads.disquscdn.com/images/a6617512ca45f12e837d584be40a7784989c96416c899e682419065ab2905d0f.gif

    • Marcus Collack

      Too soon. People wouldn’t have believed that he who is above couldn’t have sought out retribution or had others do it for him, and that was wrong. He kept them quiet somehow

  • Devin

    See when you do clownery, the clown comes back to bite. Seriously, though. I was waiting for someone else to come forward. Rapists usually have multiple victims. They don’t rape just one person, then go to church and get saved. They’re typically serial rapists in training or full blown serial rapists

  • Zealot

    Not surprising to me. In fact, I predicted as much. I’ll bet we’re going to see more of these…soon.

  • GuruMike

    Topher responds saying, “It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair”

  • This is awful…

    I want to give “Dan” a hug.

  • Maximus

    https://uploads.disquscdn.com/images/131f5291f9a9f444fba89ea57c51a23caab6b6e8db1cc65d5e7575cb79b892f9.gif

    But seriously, this is hardly a surprise. Sex offenses are committed all the time by all sorts of men. Many victims don’t make public accusations because of the social and institutional hostility and stigma with which they are often met. The #MeToo movement is finally giving victims the power and respect that has always alluded them. Hopefully there will be consequences for Topher one day.

    • nick

      There will be consequences, whether he did it or not.

    • Scrapple

      I’ve already canceled Wendy for her idiotic comments about #MeToo and R. Kelly. Truthfully, she would’ve been canceled a long time prior if not for the gifs. I will never understand how women will go out of their way to not support other women (actually as a Black man I totally understand it, but it’s still perplexing when you see it happen). We saw it with the election. We’re seeing it now with women like Wendy and Pamela Anderson and Catherine Denueve who make these uniformed apologist statements. Even Gabby Douglas tried to play the “It’s our responsibility as women to dress modestly so we don’t get put into these situations” card when Aly Raisman came forward with her story. And Gabby had been molested by the same doctor! If women can’t support women in matters like this, it’s understandable why so many women don’t come forward with their stories. If your own sestras won’t believe you and are trying to diminish your experience, how much harder are the men going to treat you? It’s no different with gay men. “You’re gay. You like sex with guys. A guy had sex with you. What’s the problem? You probably liked it anyway.” It’s a disgusting mentality.

      • Maximus

        Preach it, sis. Preach it, and keep preaching it until the people learn.

        • Scrapple

          Most of them won’t learn, but I’ll still be shaking my finger when I’m not busy shaking my ass.

  • Hereweare

    SECOND man accuses Topher of rape? So now Tegan’s account of inconsideration has been upgraded to rape?
    And an anonymous account on an internet site is a valid accusation?
    Wow…………..just wow.

    • Pinko of the Grange

      Um anything after “no” is rape. Acquiescence nor negotiation implies consent.
      And even deliberately not flowing a “don’t cum in me” request could be 3rd degree sexual assault in NY.

      • Hereweare

        Somewhere after “no” was an “ok”, because by his own account, the sex itself was not disputed, no matter how many superior vocabulary words you want to throw into the mix.
        As for the “don’t cum in me” request, even if it were charged as “3rd degree sexual assault in NY”, that still is not rape, which was my point.
        Nowhere in Tegan’s own account is there rape, yet the article is titled……….(see above)

  • AJ’s Black Widow

    Yeah….ok.?

  • So let me get this str8up, Topher does condom only porn but likes to allegedly raw dog and creampie unwilling men in his personal life? Umm scratches head…

    • NotAnLMD

      Well, there was that one ChaosMen video where he didn’t use a condom.

  • spartan546

    It’s not easy to stick a dick up someone’s ass. Unless he has a barb on the end of his dick holding him in place while he’s fucking, then push the guy off, or roll off the bed, or kick him in the nuts, or punch him in the face.

    • Pinko of the Grange

      Actually this is a pretty normal story for an acquaintance sexual assault. The inability to be in the moment enough to react, as others may think the victim should, just isn’t there.

  • ANTSLC

    Why can’t people fight off their attackers? Like, fight with everything they have, scream, yell, get out from under him and throw furniture at him, claw, punch, FIGHT! – make others aware that something is not right in this apartment. I do try and empathize with victims of sexual assault because everyone is not me and wouldn’t handle it like I would. You could not hold me back from causing one hell of a scene if someone tried anything like what “Topher” is being accused of doing.

    • Druidiclore

      I’ve done some academic study of male rape victims, and in many cases, what you’re suggesting isn’t possible. It isn’t about being strong enough or capable enough, it’s utterly psychological. When it is first happening, the first thing that happens to many is _shock_; they simply cannot believe this is happening to them. Getting past that (and moving to action) isn’t as easy as it seems, and when it’s happening to a man (whose socialized to believe this doesn’t happen _to them_) it’s that much harder.

      I’m not saying I 100% believe this story, but it is really really easy to Monday morning quarterback this situation with “why didn’t he” or “I would have”, because, honestly, until you’ve been there, you actually have zero (zilch) idea how you’d react. You have an idea how you’d want to react, or should, but as many rape victims will tell you, that’s way too often just an imagined fantasy.

      • ANTSLC

        I understand what you’re saying, but I have been there. As I said, I do try and most often completely empathize with victims of sexual assault, and I did qualify that by adding that I also understood that the way I would react, is not necessarily how another person would react, respectively.

    • Scrapple

      It’s easy to say how we’d react in that moment, but the truth is you don’t know until it happens to you. At some point we were all told how to deal with things like getting caught in a fire, or getting caught on black ice. But training or not, sometimes the instincts that kick in aren’t the ones that will ensure your safety or survival.

    • Wahlberliner

      People have three responses to an attack: fight, flee, or freeze. All three are within the range of normal human responses, and there are hundreds of factors that can influence any person’s response. Many assault victims freeze because they can’t believe it is happening.

  • cryptogay

    Topher can rape me anytime he wants..

  • Dansk

    Seems odd he can’t remember anything after everyone left or when he woke up but can clearly remember telling him no! Why didn’t he push him off? why did he spend the night? why didn’t he get up and leave for help? “OK, well, what the fuck? I don’t know where I am, really. I’m stuck here” this seems like a shit reason to spend the night with someone that just raped you! We’re becoming a society that is afraid to ask questions of those who are accusing someone, people are being found guilty just by accusations. Taking these accusations at face value, why aren’t we also questioning the actions of the “victim”? People seem to forget innocent until proven guilty, but time and time again people are having their lives ruined because some accused them of something.

  • 2345

    That vermin is incorrigible and will only further damage society. I wouldn’t put it past him to rape minors either. I believe in capital punishment, but that’s another matter