Prosecutors Won't Charge Tony T in Nikki Benz Case

Prosecutors Won't Charge Tony T in Nikki Benz Case

LOS ANGELES — Prosecutors have declined to file criminal charges against Tony T based upon a police report filed by adult star Nikki Benz that alleged sexual assault and battery occuring on a Brazzers shoot.

Benz first went public on Twitter with allegations in December 2016 that said  director Tony T violated her consent by ordering rough sex during the filming of a hardcore scene. Later, a police report was filed.

Today, industry attorney Karen Tynan confirmed to XBIZ that the Los Angeles County District Attorney’s Office has decided that no charges would be filed in the criminal probe against Tony T.

Two related civil cases surrounding the Brazzers shoot continue to move forward — one case alleging assault that targets Brazzers' parent company, MindGeek, and performer Ramon Nomar, as well as another defamation complaint targeting Benz over social media comments she made against Brazzers, Tony T and Nomar.

In the criminal investigation just dropped, Tynan said that “procedurally, the detectives were required to complete their investigation and submit their reports to the DA,” which later found that no charges should be levied.

Tynan said “these allegations will play out in the civil arena with witnesses and documentary evidence.” 

Tynan provided to XBIZ three declarations — from a production artist, photographer and makeup artist — that refute Benz’s accounts of what went on during the shoot.

Earlier this year, Benz told TMZ that her mouth was gagged with her own underwear and that she was hit in the face, head and breasts during the shoot.

Attorney Dan Gilleon, who represents Benz in the civil case, told XBIZ today that despite no charges being filed, “the police report speaks volumes.”

“Many men escape criminal responsibility only to lose everything in civil court,” Gilleon said. “Ask OJ about that. The DA made its decision on whether it could convince 12 out of 12 jurors, beyond any reasonable doubt, that Tony T committed a crime.

“The fact the police recommended charges tells you what the trained investigators closest to this criminal investigation believed,” Gilleon said. “However, prosecutors don’t like to lose, so apparently they weren’t willing to take the risk that one or two jurors would not agree with the police.” 

Tynan, in response to Gilleon’s comments, said, “I’m not sure comparing OJ Simpson to Tony T is a particularly helpful analogy, but maybe Mr. Gilleon could compare Moe ‘the Monster’ [Johnson] to Rodney King, too.”

Gilleon also represents Johnson, a male performer, in his suit claiming he was bamboozled into performing in a racist adult scene that depicts his white co-star calling him the N-word without his consent.