The young actor who alleges he was sexually assaulted by Asia Argento when he was 17 years old now plans to file a police report against him.
Jimmy Bennett, 22, made the decision to file a sexual assault lawsuit against the Italian actress after her lawyer issued a statement on Tuesday claiming he was the one who attacked her, TMZ reports.
Bennett, who has claimed that Argento assaulted him in his hotel room in California, received $ 380,000 in silence money after his lawyer filed a notice of intent to sue last year.
He only spoke publicly about his claims for the first time two weeks ago, saying he had previously been too "embarrassed" and "afraid" to be a victim of sexual assault.
According to reports, Jimmy Bennett made the decision to file a sexual assault lawsuit against Asia Argento after his lawyer issued a statement on Tuesday claiming he was the one who attacked her.
His attorney Gordon Sattro told DailyMail.com at the time that the Los Angeles Sheriff's Department had been in contact with the young actor to discuss the incident.
Argento's lawyer, Mark Jay Heller, told TMZ on Tuesday that Bennett had "sexually assaulted" her at the Ritz-Carlton hotel in Marina del Rey, California, in 2013, and was fortunate that she decided not to prosecute him.
The allegations of sexual assault first surfaced last month when it was revealed that Argento had secretly paid Bennett after he accused her of sexually assaulting him when he was 17 years old.
Argento's boyfriend, the late Anthony Bourdain, agreed to pay Bennett $ 380,000 in an out-of-court settlement to protect her, according to his lawyer.
Heller revealed on Tuesday that Argento will not pay Bennett the balance of the deal – $ 130,000 – because the settlement was made by Bourdain before taking his own life in June.
Bennett, who has claimed that Argento assaulted him in his hotel room in California, received $ 380,000 in silence money after his lawyer filed a notice of intent to sue last year. He appears in the photo this year and right in 2013
Days after the news of the assault accusations became known, the text messages that Argento allegedly sent to a friend revealed that, in fact, he had sex with Bennett when he was 37 years old and the boy with only 17 years old.
"The horny guy jumped me … I had sex with him, I thought it was weird," said a text message.
Her lawyer pointed to those messages on Tuesday when she argued that Bennett was the one who sexually assaulted her and that she tried to extort it when she realized that she was dating Bourdain.
"Asia does not intend to prosecute Bennett for his behavior and acknowledges that his unfortunate past, his stalled acting career and a lawsuit against his own parents for allegedly embezzling more than a million and a half dollars of his account could explain his desperation for look for money from Asia and Bourdain for this supposedly false incident that took place more than 5 years ago, "said his lawyer.
Asia Argento (right) is suspending the payment of the rest of the $ 380,000 to Jimmy Bennett, an actor who accused her of having sexually assaulted him when he was 17 years old. Attorney Mark Jay Heller says the arrangement was made by his ex-boyfriend, Anthony Bourdain (left)
His lawyer's statement prompted a response from Bennett's legal team that said Wednesday: "The attack on my client's character has nothing to do with the events that took place on May 9, 2013. These are statements intended to intimidate , embarrass and insult my client. & # 39;
Speaking for the first time last month, Bennett said: "Many brave women and men have talked about their own experiences during the #metoo movement, and I appreciate the courage it took each and every one of them to take such a position.
"I did not initially talk about my story because I chose to handle it privately with the person who hurt me." My trauma resurfaced when she came out as a victim herself.
"I have not made a public statement in the last days and hours because I was embarrassed and I was afraid to be part of the public narrative."
Since then, it has been revealed that the text messages in question were exchanged between Argento and Rose McGowan's model partner, Rain Dove Dubilewski.
It was the texts of Dove with Argento that confirmed that the actress had sex with Bennett, more than a decade after the actress worked with the child at age 6 in his film adaptation of The Heart is Deceitful Above All Things by JT Leroy
Argento, who was one of the first women to publicly accuse Harvey Weinstein of sexual assault, initially lied about her meeting with Bennett after a New York Times report revealed the payment of $ 380,000 for silence.