Tegan Zayne: “Topher DiMaggio Raped Me”

Posted January 21, 2018 by with 156 comments

tegantopEarlier today, gay porn star Tegan Zayne tweeted screencaps from a note he wrote claiming to have been raped by Topher DiMaggio the night before they filmed together for CockyBoys. The scene was released in late November of 2016, meaning the alleged rape happened sometime prior that year. Here is Tegan Zayne’s note as it appeared this morning on Twitter (he’s since locked his account, so only followers can see his tweets right now):

tegan1 tegan2 tegan3 tegan4As of post time, Topher DiMaggio has not responded to a request for comment. CockyBoys tells Str8UpGayPorn that Tegan Zayne did not tell them about the alleged rape the day after, and his note today is the first time they’ve heard the allegation.

Tegan Zayne did tweet about the alleged rape two months ago (see below), but clear details of his story weren’t fully explained until today.

Screen Shot 2017-11-22 at 9.36.58 PM

  • prestes_antony

    I draw the line at the word NO! If someone says NO you have to stop! Maybe you can talk it out if the other person is willing to but cease your initiatives…

    • Lyfe & Love

      You sir are very correct

    • Jason

      In this case it should never have started. The no beforehand was clear.

  • busmans

    As annoying as Tegan Zayne is, I have nothing but the deepest of sympathy for him in this situation. Shame on Topher.

  • Hari Kalyan

    I never liked Topher

  • wdeee

    Coercion is NOT consent. I was never a Topher fan. Always thought he was unattractive and a very bleh and one dimensional performer. Now that this is out HOPEFULLY I won’t have to see him ever again. What a disgusting pig btw. Even willing to force himself on a guy that hasn’t properly prepared for sex. These men are predators in every sense of the word. I hope Tegan is able to fully recover from this. Poor guy.

    • Danny Boi

      Okay, but coercion is NOT rape either. And it didn’t take much convincing. “You can fuck me, just don’t cum in me” is not “stop” or “no”. What Topher did is clearly not appropriate (if it even happened at all), but Tegan was not raped.

      • n24rc

        You are dumb. Coercion is still rape. You’ve taken that person’s autonomy and control away, even if they said yes it’s still rape.

        • Lyfe & Love

          Thank you! It’s his mindset that rape and other forms of sexual assault still occur. Guys please get educated. He said “No”…more than once. That is all that’s required. I am waiting for some proof like dates and times of Topher’s whereabouts but yeah. I had a feeling in my gut about Topher though…for years

        • Jason

          Agreed, just because Tegan said to at least not cum in him does not mean he wanted any of it. It appeared from the account that it was going to happen anyway, so I guess Tegan gave up that part of the fight (which is not consent) but at least asked form some dignity to be given to him.

        • Sean

          This is NOT coercion., Please learn definitions of words you use.
          persuading someone to do something by using force or threats. Key words being FORCE OR THREAT

          • n24rc

            Read the law under statues in NY and Cali: the acts during sex have to be agreed upon in positive cooperation….meaning, if the person doesn’t want you to do specific sex acts you are not allowed to.

            Stop trolling this board with your stupidity, and ignorance of the laws.

          • Sean

            You are a failed lawyer. Keep telling yourself you know hopw to interpret them. Consent was granted once he said go ahead fuck me, just dont cum in me. There doesnt need to be some written contract (which is what idiots like you want sex to become) The cumming inside him would be like a guy saying “i’ll just pout the tip in” then suddenly it is 7 inches deep. That doesnt make it rape.

      • Pinko of the Grange

        No and stop where uttered before. According to the account.

    • hi ZILLA

      This is just an accusation…Kinda sad how society has went from not believing the accusers to believing them without any form of evidence.

      • n24rc

        Correct, it’s an accusation and we CANNOT know what happen in that room. But, given the facts of this and the reality of them sharing a room – a fact that is somewhat troubling, is cause for concern. They should have been given separate rooms.

        • Lyfe & Love

          True. I thought the industry was super profitable…can a billion dollar industry not afford 2 rooms for 2 different models? I’m legit confused on how it all works

        • Sean

          Why? It is VERY common to share rooms so there is onscreen chemistry. That works not just in porn, but in main stream film as well. It also happens in MANY situations in the work world. My first job out of college I had a one week training in another city and shared a room with a co-worker. It wasnt that the company was broke, it was part of the bonding of the group

    • aj

      its a good thing he didn’t coerce him then. at no point were there any threats levied. he might have annoyed him, or just talked him into sex. but at no point did he use any form of coercion.

      he consented to sex, and then his parter came internally when he was told not to. its a shitty thing to do, but there wasn’t any rape involved

      • Jason

        There does not need to be a threat for it to be coercion. There does not need to be violence. It was late, Tegan was half asleep (= impaired). Tegan probably did not want to make a big fuss and make noise and wake others up. If Topher simply forced himself upon Tegan, held him down or had him in a position he could not get out ovfeasily, and contnued to ignore Tegan’s refusals, and forced the act to continue, THAT is coercion.

        • I don’t disagree, but none of that is in Tegan’s account. The information we have is that Tegan was in a position of autonomy, physical and mental ability, and went through with it. He may have been coerced, he may not have really wanted to do it, but as someone who’s been forcibly assaulted myself, if you feel like you’re being *raped*, your concern is not ‘making sure you don’t wake other people up’. I’m not saying he wasn’t raped, but let’s not run away with making up what we think the situation looked like when we have nothing to base it on. Making up evidence isn’t helpful.

          • Jason

            Also having been forcibly assaulted, I was kind of in shock and questioning myself and yelling and screaming were no in my mind. We all act differently.

            I wasn’t meaning to make anything up, but show that it did not have to be “violent”.

          • That’s sort of my point, that we can’t decide a ‘probably’ based on our own experiences, because my experience, for example, didn’t match up with your ‘probably’. It’s still not helpful to let our imaginations into it because we don’t have enough to go on, whether or not we’re just theorising.

          • Jason

            Fair enough, I thought it might assist those who don’t understand it as much as we do, but we need to stick to what we’ve been told.

        • Sean

          WRONG. By DEFINITION there needs to be a threat or force for it to be coercion,. That isnt open to debate. It is the LEGAL definition
          In fact, let’s play this game. Is it coercion IF you are buying a car. The car dealer says buy a warranty. You say no. THEN he keeps asking you, over and over and over again,. Finally, you say OK fuck it, I’ll buy it to get him to stop asking. Do you think you legally get to say it was coercion? The rulings on this are CLEAR. You do not. The ONLY time you can claim coercion is when there is a FORCE or a THREAT

          • Jason

            I am sure that there was physical force involved, but nothing indicated any threats. If there was force, he was coerced.

        • aj

          There really does have to be. I dont know where this definition of coersion is coming from that it means that talking someone into something is coersion.

          • Jason

            “the action or practice of persuading someone to do something by using force or threats.” (Google).

            I’ll assume that there was some kind of force, though not necessarily threats.

    • Sean

      Ok you need to learn the LEGAL definition of coercion before throwing the word around . COERCION is persuading someone to do something by using force or threats. In this case it sounds like persuasion, just as in Aziz Ansari. It didnt sound like he couldnt leave or couldnt still say no. The consent is obviosu when he said “dont cum in my ass”. He didnt say DONT PUT YOUR DICK IN MY ASS. He said just dont cum in it.
      If yoru issue is him cumming in your ass it is a bad date, not a rape. Just like if I said dont cum before me and a guy did, I cant claim he raped because I told him not to do something

      • n24rc

        Clearly you don’t know what you’re talking about and are not a lawyer. You are a troll.

        • aj

          clearly you lack reading comprehension and standard common sense

  • Scrapple

    In light of recent sexual assault reveals I’m going to resist the urge to be a snarky asshole who says “It’s Tegan Zayne. That bitch crazy!” while thinking of Tegan as “Grace” in that Aziz Ansari story. It wouldn’t be shocking if it’s true. Topher being a selfish asshole? Who doesn’t already know that? And this event could very well explain the marked shift in Tegan’s mental health over the last two years. Whatever unresolved feelings and issues Tegan is dealing with I seriously hope he has a support system who can help him process things.

    Tegan does bring up an issue that seriously needs to be addressed repeatedly. It’s the idea that sex workers are paid employees who should do whatever their “boss” tells them to do. Nope. It doesn’t matter if you’re selling yourself on camera or on the street corner, you are ultimately in charge of your body. You are in charge of the things you will and will not do with your body. Consent to do whatever you want shouldn’t be assumed simply because money changed hands. And the industry and viewers alike shouldn’t be telling models what they have to do. You can work at Burger King and not feel obligated to do something which is against your ethical or moral code, so why should porn or sex work be any different? It’s even harder for the gay/bi identified models, because it’s assumed they love any and all sexual acts. That’s an illogical thought process. Even if you do like certain acts, that doesn’t mean you necessarily want to perform them on camera. Your reasons are your reasons and people can either accept that or move on to the next willing participant.

    • Zachary Sire

      Topher wasn’t his “boss” though, so the issue of an employer forcing someone to do something wasn’t part of this alleged incident.

      • Scrapple

        I don’t think I was inferring Tegan was the “boss” in this situation. I could make a point that he did have power over Tegan as sort of a “senior co-worker.” He was arguably the bigger star, he clearly had more clout (CB still worked with him after the alleged incident) and he was apparently directing at least some of the scene. So yeah, Tegan could be views as a subordinate in this situation. But Topher isn’t who I was addressing in that part of my comment. And “boss” wasn’t referring to studios and directors only. Plenty of porn purveyors get into that “I pay your salary, you work for me” mindset. When you then have people with that mindset going out and hiring porn models as escorts, there are going to be problems. That’s why conversations like this need to take place.

        • n24rc

          Employers can be found guilty of ignoring complaints and issues, creating a culture of harrasment. IT doesn’t have to be the boss/supervisor scenario, for harassment to occur.

          • Scrapple

            Yes. I’m aware.

      • n24rc

        Uh. You clearly don’t know the law. Ignorance of behavior, doesn’t mean they weren’t at fault. They made them SHARE a room for Christsake. What was going to happen if the actors didn’t get along? It’s complely irresponsible. Now that its been made known, they can’t ignore it and should in the future book different rooms for people.

        • Pinko of the Grange

          Thye would have to prove prior knowledge of Topher being more than an asshole.

          • n24rc

            Not hard to prove given the twitter posts made prior to this occasion.

        • Zachary Sire

          Not sure what you’re misconstruing about my comment, which simply pointed out the fact that Topher was not Tegan’s employer, so the alleged incident obviously did not involve an employer raping an employee.

          Regarding the issue of studios booking rooms for models…having performers share a room (and it’s not clear they were sharing a room, as Tegan wrote that they were in the same “living quarters,” which could mean a house) is obviously not against the law, and it’s common practice at every single porn studio.

          • n24rc

            I didn’t suggest it was against the law, but ignoring prior complaints is. If you note, I did suggest in my final sentence they can’t ignore it now and in the future should book different rooms.

          • Zachary Sire

            There was nothing in the story about anyone ignoring any prior complaints about anything. And what he posted over the weekend wasn’t an official complaint to the employer or to anyone specific at all, so unless studios are seeking out Tegan’s tweets or reading blogs, they have no way of knowing what he’s saying, and they’re obviously not legally obligated to be following him on Twitter so that they know what he’s talking about 24/7. Tegan even added subsequent tweets saying he didn’t “authorize” anyone to report on his rape allegation, so I’m not sure he’s even interested in spreading awareness about sexual assault an preventing something like this from happening again.

    • Lyfe & Love

      Everything you said is exactly what I was thinking. I got a vibe about Topher being a little cocky. Is he really like that though?

      • Scrapple

        I don’t know about divo antics onset, but there have been some foul interactions off set/online.

    • Sean

      A couple of clarifications
      1. He is NOT an employee, he is an independent contractor
      2. You do not get to accept money tpo do something and then say you wont because it is “immoral” in your eyes. In the real world you cant go get a job at Burger King and then say you wont serve burgers because you are Hindu and it is immoral to kill cows. A PORN star can’t say I want to do gay porn, but I wont blow a guy.

      • Scrapple

        More clarifications:

        1. I did NOT refer to Tegan as an employee. I stated people have this idea that porn/sex workers are paid employees.

        2. Actually, yeah you do get to set limits about what you will and won’t do in a scene. You think it’s just a free for all and models show up ready and willing to do everything? Not how it works. Everything is mapped out beforehand, and the models know what the other will and will not do.

        3. I referred to a moral code, not immorality. If I work at Burger King and my boss is telling me to sell improperly handled food, or food which isn’t safe to eat, I can say no. That’s what I was talking about. If you’re a well-adjusted person doing gay porn, chances are you don’t think gay porn is immoral.

        4. Telling someone “You have to perform this sex act because you’re in porn” is stupid. Not everyone does every thing. And why would you want to see someone do something they’re uncomfortable doing? That never looks hot.

      • Marcus Collack

        “A PORN star can’t say I want to do gay porn, but I wont blow a guy.” Not only can they, they have, and many of them have been reviewed on this website, what are you talking about?

  • wdeee

    Ugh I can’t even imagine the mental torment of having to work with the guy that raped you on camera the very next day and pretend to like it. That must’ve been so fucking terrible.

    • Rob36

      not so terrible he didn’t pack up and leave., no, he turned up for sex with him again.

  • Ceecee

    Goddamn. Tegan might be a psychotic mess, but what a fucked up thing to happen to you. Forcing co-workers to co-habitate might also be a poor decision on the studio’s part, but ultimately it’s pretty fucked when people take “no” as like the start of a negotiation.

    • n24rc

      They are cheap assholes. Same thing with the majority of businesses that want to cut costs and be cheap. They also cater to their “winning” roster of workers who deliver.

  • Michael Regan

    I’ve made a rule, only someone I love in my life, who I know and trust, can cum in my ass. Letting someone like that no matter how hot they might be try this on would get an elbow in their face and ankle in their bollocks. Fuck this guy, and Fuck the company still employing him.
    Just a reminder to the dirty and underhanded world of the porn industry.

  • n24rc

    I support Tegan, I don’t agree with his views on stuff, however this is a perfect example of date rape.

    Consent doesn’t mean afterwards you get the right to do whatever you want; a person has the right to stop and change their mind if they feel the sex is aggressive or even invasive to the point of physical harm. He didn’t want bareback sex and this asshole decided to lie in advance of getting what he wanted. Jerk. Some people think they can do whatever they want, because a select few think that person walks on water or is the hottest on the corner.

    Sex workers are human too and deserve to be treated with care and respect that a office worker seems to get.

    Cockyboys should issue a public apology and not hire Topher. He’s fifteen minutes should be up by now.

  • Joel

    Horrible what happened to Tegan. Not that this matters, but I am not familiar with his work, but I am with Topher’s, and again, not that it matters, but I don’t get right feelings from him. Shame on him for violating someone, regardless of their profession. Disgusting. No means NO!

  • c_find

    I’m reserving any comment until I hear both sides of the story. Teagan doesn’t have the greatest track record as of late and I don’t know much about Topher to be honest (I never liked the guy and wasn’t into the entire hype around him).

  • Danny Boi

    Some things in Tegan’s story don’t make sense, and he even states he consented to the sex eventually. He wasn’t raped, even though what Topher allegedly did was not appropriate. We should hear Topher’s side too. Accusations should not be taken lightly nor should they be accepted so easily, in order to not just allow the accused to defend themselves but to also ensure the victim’s accusation is taken seriously and all evidence can be gone over.

    • hi ZILLA

      Thank you for being reasonable!

    • JStar377

      You are right that if he consented to the sex, then there was no rape (at least not technically). This is a bit tricky though because of how rape is defined. However, even assuming that isn’t the case, there is a clear non-consent to the internal cumshot. Even if that wasn’t rape it would still be an assault or battery (unwanted touching). Either way, the facts on their face indicate something bad did happen. The only question is whether you believe Tegan and his facts.

      • n24rc

        That is some bullshit Whoopi “rape-rape” logic. It’s rape the moment the person lied for conscent, then proceeded to willfully ignore the requests and agreed upon behavior. It’s rape as soon as the person says no, and even after if they change their mind when you lie about what you’re going to be doing in bed to them.

        • JStar377

          Err. In most states, rape is defined as the forcible penetration into the mouth, anus, or vagina. Clearly here Tegan consented to the penetration. I think the ambiguity is that at the moment of orgasm when Topher came in his ass. It is arguable at that moment wether the penetration was consensual or not because clearly he consented to the sex (i.e. penetration) but not to the semen entering his ass. You could argue that the semen is another type of forcible penetration, but its not clear. Either way, its not entirely clear. It would be analogous to saying you consent to kissing someone, but not with having tongue in your mouth. Thats clearly one type of kissing that you didn’t consent to, but if there was a law called tongue rape, I’m not sure you would have violated it. Hence my comment about assault and or battery.

          • n24rc

            You’ve ignored nuances in law and also the fact that statutory rape exists when it’s a minor that has consented. Sex abuse and rape isn’t limited to genitals btw.

            People can sue for STI transmissions when the person LIES about their status.

            Stop talking.

          • JStar377

            But Tegan isn’t a minor so he can consent. And the question was about rape, not STI’s or whatever it is you are thinking about. I think I gave it more nuance then just about any prosecutor would because they most likely would not charge Topher for rape, maybe something else, but not rape. Some of us understand the law, then there are others…

          • n24rc

            You are MISSING the point entirely: you don’t have legal expertise to be talking about legality when you are using the Webster’s dictionary for the definition of rape. There are nuances and instances that wouldn’t follow your points made.

            My point is you should stop talking about the law.

          • JStar377

            Err. Actually I’m a lawyer. I took crim like every other law student.

          • n24rc

            Are you a prosector for a state? Which one? I’d like to avoid them.

          • n24rc

            What law practice? I don’t think you have the area of expertise based on the arguments you are presenting on this board. You are being irresponsible.

          • JStar377

            At the risk of belaboring a dead conversation, patents. It is however funny that a non-lawyer with, I assume, no legal training is commenting on my lack of expertise. And any statement I made was my opinion and not legal advice. Should you have questions of a personal nature, you should retain and hire a lawyer.

          • n24rc

            A shitty fucking opinion wrapped up in your “expertise”(you made that point, not I), from which I have the right to ask what your areas of practice. That burden is on you to defend as you sought to bring it up.

          • Jason

            When, at any stage, did Tegan actually say he changed his mind and decided he WANTED to be fucked? He gave up and accepted an inevitable act. Not the same.

          • n24rc

            You clearly didn’t read his post, go back and actually review what he said!

            Tegan clearly stated he didn’t want to because a. Work product would diminish, b. Didn’t want to be ass fucked because he didn’t clean for it yet, and after a persistent pestering by Topher, c. TOLD HIM EXPLICITY not to cum in his ass.

            Multiple times he showed he wasn’t interested and was reluctant to engage at that point. The nature of the relationship is irrelevant to the act. You are now being biased against him because of his work and sex history.

          • Jason

            You clearly did not read my comment.

            I am agreeing that he consistently DID NOT WANT IT TO HAPPEN, and giving in to forced sex is NOT on. I agree he DID NOT CONSENT.

            Giving up and accepting it is not consent! How much clearer can I be?

            I also replied elsewhere that his job is NOT an excuse to assault him, and I’m not biased against him at all.

          • JStar377

            You are right, he never gave affirmative consent. Unfortunately, most states don’t require affirmative consent, and even CA which a lot of people have been bringing up allows for an objective standard of actions and words taken as a whole to inform what constitutes consent. In general, its a very grey area and consent can be made in a lot of different ways by different people. Take a married couple that has sex with no words. Have they both raped (or sexually assaulted) each other? Most people would say no. There is no hard and fast rule when it comes to consent, and you could read/argue this evidence either way. I have not been a victim of sexual assault or abuse, so I don’t have a first hand experience to draw from, but I would like to think that if I were in Tegan’s position I would have gotten out of there as quick as I could. But I accept the fact that it doesn’t always happen that way and it certainly doesn’t diminish the very real harm people experience without being able to escape.

          • Jason

            It’s not just words that imply/deny consent. Body language, facial expressions, other noises made. Yes, these are way harder to quantify than a simple spoken word, but I’d also like to think if no words are spoken at all then the partners are in sync with each other enough not to need them (or they have a safe word in case they REALLY need to say something).

          • Chad Anderson

            I am also a lawyer, and practicing almost 20 years. I spent 4 years as an elected prosecutor in Iowa and I have prosecuted sex crimes. I believe your interpretation is wrong; “Clearly here Tegan consented to the penetration” is completely wrong. If Tegan told Topher he did not want to have sex, and Topher pressed on without getting consent, that sex act was NOT consensual, and Tegan’s request that Topher does not cum in him also does not make the act consensual.

          • JStar377

            So you certainly have more relevant experience than I do, but I think we are disagreeing about what constitutes consent in this case. This is a factual issue and maybe clearly is the wrong word. I’ve only done a couple pro bono criminal defense cases, but I would feel confident pleading consent as a defense here. All of these facts are admissible and if Tegan really meant not to consent, he could have left the room or taken other actions to get away. Moreover, Topher also has a mistake of fact defense to the consent which for a general intent crime has an objective standard. Not sure how they do things in Iowa, but IMO Tophers actions don’t rise to the legal level of coercion. If that were the case, i have been coerced into buying a lot of things I didn’t want.For some reason, you don’t take his actions as consent. I’m pretty confident that I could convince 12 reasonable people with this evidence.

          • Chad Anderson

            A defense lawyer doesn’t need to convince 12 jurors — he only needs to convince 1. Only the prosecutor needs to convince 12. On a law school exam, this would clearly be sexual assault because the victim said no and never gave consent after that. Acquiescence is not consent, nor is asking the perpetrator not to cum in him. If Tegan had provided this statement in a police report in my jurisdiction when I was prosecuting, I would have felt comfortable filing a felony sexual assault charge. In real life, if charges are filed, the delay in reporting and the lack of evidence other than testimony would probably end up in pleading it down to non-felony, non-sexual assault.

      • Pinko of the Grange

        He quotes himself as saying NO multiple times.

        BTW in most states “rape” is not what the crime is known as any longer. It is classified under sexual assault now, and as described this is at least a 3rd degree if not a 2nd, as CA defines the crime I don’t know the NY standards.

        • n24rc

          It isn’t consent under the same acts for NY: (4) where the offense charged is rape in the 3rd degree or criminal sexual act in the 3rd degree, in addition to forcible compulsion, circumstances under which, at the time of the sexual act, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor’s situation would have understood such person’s words and acts as an expression of lack of consent to such act under all the circumstances. New York Penal Law §130.05.

          Language a little different, but the same point is made under the CA and NY laws.

    • n24rc

      Smoke there’s fire. Case in point, Weinstein. They’ve been complaining about Topher for years, alluding to this shit. Not only that, but even getting into altercations with people.

    • Pinko of the Grange

      If he said NO and it doesn’t stop anything after that can be rape.

      This is the difference between Grace/Aziz and Topher/Teagan. Utterance of NO

    • Jason

      Accepting that forced sex is going to happen is not the same as consent! Why is this so hard to understand?
      HE. DID. NOT. CONSENT.

  • nick

    “By no means I’m trying to start a witch hunt” – but that’s pretty much exactly what is going to happen.

  • Hereweare

    “No, I didn’t clean, & I don’t want to”
    “It’s OK, I don’t care about that”

    So far, it’s kind of hot, tbh……

    “Just don’t come in me”
    *cums in me anyway*

    STOPS being hot!

    • Jason

      Gross!

      How can “I don’t care” about how Tegan feels be hot?

      • Hereweare

        Not about how he feels. About the not cleaning part.

        • Jason

          Tegan was not prepared, therefore not willing or interested, and clearly uncomfortable about that fact or he would not have mentioned it. Not caring about that, and therefore Tegan’s discomfort and concern about mess, is gross.

  • Geo Mendez

    Topher’ s career: Bye Felicia!

  • Eric

    This is not rape…he is a dope for letting Topher fuck him without a rubber. If Topher intentionally came inside of him after saying he wouldn’t, he is an asshole. If he accidentally did, they are both a couple of dopes.

    • n24rc

      Read the laws before making the assessments like yours, and even in this case California Penal Code 261.6 applies.

      • Eric

        You are so invested in this…makes me laugh. No prosecutor hoping to win a case would bring rape charges based on what this gentleman said happened.

        • n24rc

          troll.

        • AsherStClaire

          doesn’t mean it’s not rape.

      • Pinko of the Grange

        Don’t they shoot in NY?
        (All that would do is change the penal code cite.)

        • n24rc

          Standard is the same:

          (4) where the offense charged is rape in the 3rd degree or criminal sexual act in the 3rd degree, in addition to forcible compulsion, circumstances under which, at the time of the sexual act, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor’s situation would have understood such person’s words and acts as an expression of lack of consent to such act under all the circumstances. New York Penal Law §130.05.

          They refer to specific acts agreed upon in the instance of sex.

          • Pinko of the Grange

            thx.

    • Pinko of the Grange

      anything after No is sexual assault. So unless Tegan went over and sat on Topher, or some how gave obvious consent, and “don’t cum in me” isn’t it,..

      • Todd B

        Oh FFS! I can’t count how many times I’ve not felt like it for whatever reasons, but gave in and I wasn’t FUCKING RAPED! Tegan is having regret , he wasnt raped.

        • Pinko of the Grange

          Technically you were till you consented, not acquiesced.

          • Todd B

            Dude, technically I was raped before I wasn’t? What I did was no different than Tegan. Shit, most of these porn scenarios are rape then. SMFH

  • Tim

    The thing I always found hot about Topher’s approach to fucking, despite his lack of skills, unwillingness to bottom, etc. is that his character was so often “I don’t give a damn what you think, i’m getting my rocks off.” In the context of fantasy, that is fine and dandy. In fact if you pressed me I’d say that it is the main point of porn–to let us live out things we can not or should not in real life as non-professionals. Topher brought the same approach to fucking in condom porn that your average TIM top brings to treating his bottom. Which isn’t something I’d want to inflict on someone or have inflicted upon me in real life without a level of trust I’m not sure is possible for me to obtain with another human.

    That some of this would bleed over into his off-film persona is almost to be expected. But the lack of consideration in this interaction is so damned deep. Showing up at 2am? check. insisting on sex despite your partner not being into it? check. violating their wishes even after consent by going over a clearly drawn line? check. demeaning and degrading the partner on set the next day? check. this would fuck up anyone’s brain. and the change in demeanor by Tegan is almost to be expected if he never addressed this. So this is also a good time to plug finding a good sex-positive therapist. He’s going to need someone who can help him sort through the trauma while being willing to affirm/accept Tegan’s life choices here.

    • n24rc

      I would have personally punched the shit out of Topher and called it a day. Sometimes you have to defend yourself.

  • n24rc

    Since the board has devolved to subjective arguments about consent, here is the official law in California about it. You’ll note the EXPLICT act determines what was unlawful…meaning the person tells you “no, you can’t fuck me in the ass” or “no, I don’t want you to cum inside it…”(which was repeated in the story.)

    “Consent” is defined to mean positive cooperation in act or attitude pursuant to the exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. California Penal Code § 261.6.

    Ergo, it’s rape.

  • Maximus

    I’m not surprised. Sadly, Tegan doesn’t have any good legal options. I highly doubt that the New York County district attorney would try to prosecute a “he said, he said” case. A civil action for battery could theoretically make it to trial, but the outcome would depend upon whether the jury determined Tegan to be more credible than Topher. If the jury were to find them equally credible, or if the jury were to find Topher more credible than Tegan, Tegan would lose. It’s a risky chance to take, but Tegan might be able to get a settlement from Topher early on.

  • Devin

    If true, Topher is one nasty son of a bitch. Guy tells you he didn’t clean out and you’re like whatever, it’s okay. Wtf? This situation is fucked up. I don’t know if it’s rape, though. Sounds like Tegan was apprehensive about getting fucked because he hadn’t clean out, but still went forward and let Topher fuck him.

    • Pinko of the Grange

      I have a problem of Topher not stopping when “No” was bouncing off the walls. I am old and I know that means all stop.

    • c_find

      Or was it a diplomatic way of saying No. Like most normal people they don’t like fucking in a dirty ass so usually if you said you didn’t clean out it would stop right there. I guess not for Topher 😉

      • Devin

        Topher sounds like a scat queen. Usually it’s old guys and German’s who are into that, but I guess he dabbles in the poo, too

        • c_find

          Actually that is a big misconception. There are a lot of good looking young guys that are into scat. especially on the receiving end. I’ve turned down quite a few.

  • WhimsyCotton

    If this happened outside his imagination then shame on Topher for being a pig, and my sympathy to Tegan. I hope he sees someone to help him with the situation.

    That’s all I’ve got. I’m not going to pretend I don’t still dislike his psychotic ass.

  • Ricky

    I read Tegan’s tweets just once yet I felt like I read them before – it all seemed so familiar. The words and the situation differ vastly from Weinstein and so many others, yet to me there was a commonality all the same.

    What comes across is Topher’s absolute need to make Tegan bend to his will. At all costs.So I believe Tegan.

    As for Topher, whose shelf life has been way too long anyway, he should no longer be hired and he should be dropped by that underwear company he represents. Of course we all know neither will happen. Topher will still have a career in gay porn and he will probably still get work as a “safe-sex” model. One who barebacks like a TIM model. What a joke.

  • James South

    After what happened to him, it just boggles the mind that Tegan can be a supporter of the Assaulter-in-Chief.

    • TyTy

      Please not everything is about your beloved Assaulter-in-Chief!!!
      SMH

  • Derek

    Sorry, but this doesn’t sound like rape, it’s sounds like regret. Since when is “just don’t cum in me” not consent?

    • Chad Anderson

      Attempting to make the non-consensual act less heinous is not consent.

  • Jason

    Whether you are a sex worker or not, NO MEANS NO!
    Having a say in what is done when it involves your body is implied for EVERYONE!
    If this account is totally factual, he was assaulted.

  • Druidiclore

    I’m not some postmodernist “everything is rape” type here, and I take into account Tegan’s….eccentric behavior and questionable choices in other areas (e.g. Colby Keller). However, to take the statement at face value, on its surface it would be enough to start the process of an investigation of rape.

    But there are a lot of “ugh” moments that would make any charge, much less a conviction, that much more difficult:

    – the fact that the employers knew nothing about it (which isn’t a big deal, but revelation matters)
    – the fact that he engaged, willingly, in sexual intercourse with his alleged rapist the next day (occupational requirement, yes, but still)
    – the fact that he waited over a year before reporting this (it sucks, but it still matters)
    – the fact that he engaged in sex with dozens of others after this point (minimizing trauma)
    – the fact that there is likely proof he was in contact with his rapist after this period (watch, it will come out)

    and the big one….
    – (I don’t know if this is true), but the fact that he decided to post this on Twitter before making any former charges or claims went against Topher

    The big issue here is that people in the comments are using legality and law as the litmus test of “is this rape”, and I don’t think there’s going to be any charges levied, so we are left with the cultural definition of rape. And there’s the problem – because there are like five, competing cultural definitions, and in most of the cases (as seen in the comments) the average person would *not* see this as rape.

    Even if this got to the charges level, a jury would have to determine if Tegan was raped, and the comments suggest a pretty hard “no” in that case (because you’d need 12 people to say ‘yes’, and I frankly don’t see that happening).

    Personally would I define this, as presented, as rape? Yes, because when he said no (especially repeatedly) it was a non-starter. The “don’t come in me” was a protectionist effort; that didn’t show consent – the deed was pretty much done, so saying I don’t want cum in me is damage control at that point.

    However, I do have to take into account this is Tegan Zane, stirring up stuff on the eve of adult awards….call me crazy, but hasn’t that happened before?

  • B.C.

    I bet Topher has a very different recollection of this horrible event, if he even remembers any of it. I believe Tegan, he was used and humiliated beyond any doubt, BUT calling this rape… it’s a far cry. Sexual harassment followed by bad sex, that’s all I get reading this in my part of the world.

  • PaulieP

    i’m not a lawyer but “just don’t cum in me” tells me there was consent…..

    • T2TheB

      Seems like consent under duress to me….In other words, not really consent.

      I wonder, do you also think that hostages of terrorists who have guns pointed at them berate or decry whatever they do are doing so of their own free will? Of course, the Zane-Dimaggio matter isn’t quite as “life and death,” but the apparent lack of complete free will seems nonetheless present.

    • Chad Anderson

      I am a lawyer and I have prosecuted sex crimes. “Just don’t cum in me” is NOT consent.

  • nerfherder1989

    Tegan, the guy who told people to stop hating on his buddy Colby Keller while he mocked everyone. Stop trying to take down the Me too movement douche.

    • AsherStClaire

      that….that doesn’t justify being raped though, nothing does. How are you drawing a parallel between these two situations?!

      • nerfherder1989

        HE WASN’T RAPED. He opened his legs on his own accord, Topher didn’t force and hold him down.

        • AsherStClaire

          THE SECOND YOU SAY NO AND THE OTHER PARTY CONTINUES IS WHEN IT BECOMES RAPE.

          • nerfherder1989

            YOU’RE JUST DEFENDING HIM BECAUSE HE’S A GOOD LOOKING WHITE CIS MALE.

          • AsherStClaire

            And you came to that conclusion how exactly?!

        • Pinko of the Grange

          where you there?

          • nerfherder1989

            I was actually. it’s on my only fans account

  • It seems to be an inevitable consequence of coming forward with allegations of sexual assault, regardless of the alleged victim’s gender, that they will be subjected to the unqualified and unsolicited opinions, accusations, and shame of the public at large. It’s why many victims of sexual assault or harassment never report their attackers in the first place, fearing the bashing and slut-shaming they expect from people around them.

    The passion and vitriol with which some of you guys lambast Tegan for this claim is disturbing. “It didn’t take much convincing” and “he didn’t pack up and leave” are just gross, victim-blaming syllogisms hurled by insensitive, faceless trolls who enable rape culture.

    I certainly have no idea what went on in that room on the night Tegan wrote about, and while it’s true that I have personal opinions about each of these men, I don’t feel compelled to go on a public forum and take sides in what is a truly a matter for law enforcement rather than the comments section of a porn blog. If this ends up being reported to the authorities (which I doubt, considering the alleged victim here is already being convicted by a jury of his queers), then perhaps the public will find out Topher’s side of the story, which I’m sure will be contradictory of the allegations being made by Tegan. Then a judge will get to weigh their stories and decide guilt or innocence. How about we wait for that to happen before casting stones, fellas?

  • Jordy

    This queen is a stupid bitch. How are you going to publicly issue a statement representative of a big media story, mention names and then NOT ask the gay media to give it attention? Then you go ahead and post photos of your chewbacca bush like the attention whore you are. You made a fool of yourself and you made a fool of Trevor DiMachiatto or whatever that other Photoshop topaz filtered hoe’s name is. NEXT CALLER!

    • White Canary

      Take your meds.

  • AJ’s Black Widow

    These are all allegations, nothing has been proven to be true. My opinion, that’s not rape, saying “just don’t cum in me” is giving concent of the sex, just not the ejaculation.
    Topher shouldn’t say anything, having a Twitter fight will only make things worse. If these are false allegations, he should take legal action against Tegan for defimation.

  • linger4444

    My friend went on several dates with Topher DiMaggio a few years ago, so I’m not surprised to hear this rape accusation.

    According to my friend, the went to a casino to drink and gamble. They both ended up getting really drunk, so Topher had to stay the night instead of driving home. My friend is the type to instantly pass out when drinking. He ALWAYS does this.

    Topher helped himself to start topping him. My friend said he does remember trying to stop him because he hadn’t “prepared” and was dirty back there. Topher didn’t care and forced him anyways.

    He avoided Topher from there on out and Topher went all psycho on him calling/texting non stop.

  • gamera87

    No one wants to see deepthroating on camera?

  • Jchima17

    That is not rape.

  • Jon

    This was not rape, sounds like another case of a regretful hook-up.

    Also, as much as this is going to make me sound like the biggest asshole, I am also taking the character of Tegan (or at least the one he shows on social media) into consideration here.

    Irrelevant: all this while I thought Topher was g4p. Surprised to learn he’s actually gay/bi and fucks that bad. He might have an excuse if he was straight.

  • pje821

    I just watched the scene that was filmed the day after the rape. Tegan didn’t seem to be affected by it, and appeared to be a very willing participant. Topher has always been an aggressive top, loud and a bit obnoxious. So I don’t know what to believe. I have no reason to doubt Tegan, but if it were me who had been raped by my scene partner, there wouldn’t have been a scene to watch.

  • Two (somewhat contradictory) thoughts:

    1 – I’m sort of fascinated at how conflicted the comments are over what strikes me, clearly, as non-consensual sex, whether wants to split hairs of various legal phrasing or not. It’s one thing to hear this from straights as #metoo evolves, but as someone who’s been a supportive feminist and who has experienced forced, nonconsensual sex, finding gay men who can’t accept this for what it is seems very disheartening. I agree – we don’t know what Topher’s version of events is, and it could be different. But much like Aziz Ansari, I’m not sure there’s a version of “I didn’t know” that would serve as a viable excuse. I feel terrible for Tegan, and I appreciate the strength he’s shown to come forward and speak his truth. (Also, just as a thought… perhaps housing porn performers together before shooting isn’t the best way to avoid sex, consensual or otherwise)

    2 – That said, this does tend to contribute to my sense that Tegan probably needs to get help to deal with his issues and maybe adult films isn’t the best, healthiest choice for him just now. He seems to be in a lot of pain, and an experience like the one he describes can’t help him sort out whatever issues he’s going through.

    • Todd B

      Your second point is precisely why I tend to believe this was nothing but regret over giving in, which IS consent. Good Lord, I’ve given in to sex after using the same reasons as Tegan in not wanting to. And sometimes I’ve also had regret after, especially before PrEP, consenting to condomless sex. As far as the cumming in the ass…yah, it was shitty for him to do that, but you cant expect everyone in the moment is going to stick to that “commitment”. Regret, not rape.

      • As someone says above “coercion is not consent.” I have also been in the situation you describe, and I know, whatever one wants to label it, that it was not consensual, pleasurable, or wanted. I stopped seeing the person who put me in that position, and I resolved not to put myself into that circumstance again. I did not use the word “rape” for myself or for Tegan… but all of that is kind of beside the point – the reason for #metoo and #BelieveThe Women is just this level of hairsplitting being used a way to excuse behavior by predatory, violent aggressors. The problem here is Topher, not Tegan. To the extent that Tegan might benefit from professional help or leaving the world of adult entertainment, none of that should suggest that it excuses Topher’s behavior or actions. That’s what connects these 2 points, for me. I don’t really understand why it’s hard for gay men to comprehend what it is to be victimized, or sexually assaulted, to question every choice and feeling of the abused, and nothing of the abuser. I may have some contradictory thoughts on this, but the through line is, I believe those who’ve been through it, and I want to see the perpetrators change their behavior… not the other way round.

  • Wahlberliner

    This is not the same as “Grace” and the horrible website that published a salacious, click-baitey story about her. Tegan was at his workplace. The other party was his senior in the business. Tegan could have left; that is true. But it could also have had some impact on his livelihood. For example, he would almost certainly get fewer contracts if he gained a reputation for creating a fuss on set – waking people up, demanding different sleeping arrangements when it was already night, etc.

    I’m an abuse survivor. Tegan’s case was not rape, from my viewpoint. But it is certainly far worse than what “Grace” claims to have experienced. She could have left at any time and completely unhindered. No one at her place of work would ever know unless she told them. In short, she faced ZERO repercussions. She had somewhere else to go. Tegan did not – at least not without jeopardizing his contract.

    That’s why I think her story (at least as it is told by Katie Way, who is on Rupert Murdoch’s payroll and who only three weeks earlier was encouraging women to remain silent if they don’t like how a guy is trying to have sex with them) is lame with a capital L, but I can totally understand how Tegan’s experience could be deeply traumatic. He has my sympathies.

  • pangelboy

    More people need to read up on the concept of “Enthusiastic Consent” https://www.yesmeansyes.com/consent

    The idea of enthusiastic consent is quite simple. In a nutshell, it
    advocates for enthusiastic agreement to sexual activity, rather than
    passive agreement. Many of you may be familiar with the book Yes Means Yes!,
    which popularized the idea. The concept also requires that consent be
    given to each piece of sexual activity, meaning that a yes to one thing
    (such as vaginal penetration) does not mean consent to another (like
    anal penetration). Basically, we’re saying, “Yes! I want this!” or, “No,
    I don’t think I want to do that,” and we’re asking “Is this ok?” To do
    these things is to be respectful of not only your own bodily autonomy,
    but also your partner’s. It’s just common courtesy, really. To give
    enthusiastic consent isn’t exactly to scream that you want it at the top
    of your lungs; it’s more that an unsure or hesitant yes is not
    enthusiastic consent, and needs to be considered.

    Apparently, Tegan is cray-cray. Okay, I don’t see what that has to do with him being sexually assaulted by Topher? From Tegan’s story (if we believe it to be true – which I do as I’m more likely to give the victim the benefit of the doubt) he was pressured into performing a sex act and then had the parameters of said act changed during sex. His profession or prior history of histrionics shouldn’t play into how this story is received, IMO. I hope there’s someone that is looking out for him, because I don’t want to see a post on this blog that he did something to hurt himself.

    • Pinko of the Grange

      from my understanding the histrionics are post filming the loop, but I don’t keep up on any of this so that is at best hearsay.

  • Will Cobb

    mmmmmmmm so if you, have sex with a person & tell them don’t cum in me” isn’t that consenting to the act?? And the biggest thing, is the DUMMY! didn’t tell him to put on a condom! I mean when you have sex with someone you just met, you better wrap it up! Because no one is going to tell you they have AIDS or any STD, because they just want to bang you out! and 9 times out of 10, you won’t know who infected you, because barebacking is all you do!

    • Todd B

      I’m sure since they were filming the next day, he already knew their test results…and is hopefully on PrEP just in case.

  • Pinko of the Grange

    No negotiating is not consent it is mitigating damages. Think of it this way if a rapist has a knife to your throat and you “say don’t kill me”; is that consent?

    Top title is still Sexual Assault and that is what gets read. So the only time the word rape would come up is if the reading of the charges isn’t waved. But I will admit to over stating.

    And trying to argue consent on “don’t come in me” would probably get you sanctions and should get you fired.

    BTW the link is useless.

    • JStar377

      Not that there is a whole lot to go on from the text, but there does’t seem to be any indication of force or violence or threat of either. So it is hard to buy your mitigating damages theory. Again, if it was really that bad, he could have simply walked out of the room. This would be the ultimate mitigation of damages. You are allowed to persuade people to have sex with you. You are even allowed to lie to people to get them to have sex with you (fraud in the inducement). It is not a threat just because Topher said no once or twice or three times. If it was a contract, the offer would have been rejected until it was accepted.

      As a separate matter, I don’t think that’s how rule 11 works. Its a pretty high bar to get sanctioned, and its certainly not unreasonable to infer from the facts that it might be considered consent. I’m not sure on what basis you think that the argument is worthy of a sanction. Plus, I have seen lawyers do a whole lot worse and not be sanctioned.

  • seeyou

    man i was hoping for frequent updates on this story, but crickets….

  • Chad Anderson

    You are reading the statute and case wrong. That case has to do with underage boys allowing a person with authority over them to fondle their genitals because the perpetrator told the boys he was checking them for testicular cancer, and under those circumstances, even though the boys allowed the touching, it was not consent. Further, the Iowa statute specifically says:

    Under the provisions of this chapter it shall not be necessary to establish physical resistance by a person in order to establish that an act of sexual abuse was committed by force or against the will of the person.

    When a person says “no”, until consent is given, that “no” stands. A victim does not have to resist to have the sex act be against his will, he just needs to say “no”.

    Let me fuck you.
    No.
    C’mon, let me fuck you.
    No
    (pushes cock inside)
    Please don’t cum in me.

    That is not consent, that is rape, but in our justice system it would probably get plead down to a misdemeanor assault if charges are filed. It is simply a matter of resources; there are not enough courtrooms and judges and clerks and attorneys to try every case, so 97% are plead out.

    I am sure you can find a case out there, it doesn’t have to be Iowa, where a person was sexually assaulted who said, “Don’t cum in me” or “Please use a condom” and the defense argued that amounted to consent, but the jury found the defendant guilty and an appellate court confirmed. There are also likely cases with similar circumstances where the jury voted not to convict, but never confuse a “not guilty” verdict with innocence. A skilled defense attorney, weak evidence, or weak prosecutor can give the defense a win, but an experienced prosecutor should be able to get a conviction on some charge from those facts. Again, had a victim presented the same statement to me when I was prosecuting, I would have filed a felony sex abuse charge and been amenable to pleading it down to misdemeanor non-sexual assault. Had the victim reported right away and had some corroborating witness or evidence, I would have held out for a higher offense, but when so many months have passed and primarily testimonial evidence is all that is available, the reality is that the perpetrator will not be convicted of the sex crime.

    • JStar377

      Respectfully, I think you are conflating issues. My comment addressed a very narrow issue in response to your statement that acquiescence is not consent. IMO, the statute and case make very clear acquiescence, however it is defined, is a legal defense to a charge of sexual harassment or rape. Consent does the same thing, therefore it is functionally equivalent at least in the legal sense. Your subsequent comment doesn’t really contradict this, rather it seems to indicate you believe the facts don’t comport with either consent or acquiescence. That’s not what I was commenting on. I think we both agree that threats or force would vitiate consent, the only question is whether the facts support this. For a number of reasons, it seems that we disagree on the facts. I don’t think that is likely to change, but as one commenter aptly put it, a jury of our queers has found Topher innocent which was the initial point of this conversation. The only thing mildly certain is that if you consent, or at the very least acquiesce to sex then you have not been raped. I can only hope that as a prosecutor you did not manage to convict someone of rape/sexual assault who received acquiescence as that seems to violate Iowa law.

  • Dramadyke Beth

    is nobody going to talk about this site owner cyber bullying some dumb skank to death just over a month ago?

  • Knightgee

    A lot of these comments are incredibly distressing. What is clearly described here is an encounter that is, at the very least non-consentual. That Tegan may have given in or stopped resisting eventually after the fact of saying “no” doesn’t negate that Topher clearly didn’t *care* whether Tegan consented or not nor did he respect his initial “no”. Arguing legalese over definitions and case law is effectively saying you care more about whether or not the behavior is punishable by law than whether or not the behavior is harmful to another person. Which makes me wonder how many folks adamantly arguing “well it’s not legally rape” have been in similar positions where they ignored a partner’s “no” and had to rationalize that choice to themselves or were in a position where their “no” was also ignored and just don’t want to admit that they didn’t have the consentual sex they convinced themselves they had.

  • Ferrero Rocher

    I think a bigger question, would be why, if Topher’s guilt is 100% assured, are comments defending Topher, being systematically deleted?

    It seems these two, bloggers, have some sort of axe to grind with Topher which goes beyond these accusations.

    it would not surprise me one bit if this is entirely fabricated.

  • TheThom

    Hey, Topher. There’s this queen called Jake Porter I’d like for you to meet.

  • DP

    I don’t know because here it is a few months later and nothing has been proven , but people will easily ride on Tegan Zaynes bandwagon because most just don’t like Topher Dimaggio .This whole thing twist the brain because you have one Sweetheart Tegan Zayne and one allged asshole.
    And if Topher Dimaggio is an asshole does that make him a rapist?

  • DP

    I just can’t be sure