By Kelly Wynne
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Jimmy Bennett's attorneys pointed out a photo posted on Instagram by Asia Argento on May 9, 2013, that references her meeting with Bennett, TMZ reported Wednesday. The photo is being used in conjunction with a photo of Argento and Bennett in a bed together to argue the pair's sexual encounter was consensual.
Bennett accused Argento of sexual assault and in return, Argento and late boyfriend Anthony Bourdain reportedly paid $250,000 to Bennett. Argento originally denied the encounter when the New York Times broke the story on August 19, but now alleges the encounter did happen but said Bennett was the one who allegedly sexually assaulted her. Bennett was 17 and the time, underage for a sexual encounter with Argento, according to California law. She was 37 at the time.
The 2013 photo shows Argento standing near a harbor. The location is not tagged.
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"Waiting for my long lost son my love @jimmymbennett in trepidation #marinadelrey smoking cigarettes like there was no next week," the caption reads. The photo has not been deleted.
Comments on the photo consist of angry fans and internet trolls bashing the encounter. "A predator waiting for its prey. Whose idea was it for you and Jimmy to meet in a hotel room? Weinstein's?" a comment reads. Argento was an early voice in the #MeToo movement against Harvey Weinstein.
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Argento admitted to the sexual encounter after androgynous model Rain Dove leaked text messages to TMZ of Argento confirming the event. Argento's attorney Mark Heller released a statement Tuesday claiming the encounter was a sexual attack against Argento.
"As revealed in the text messages published by TMZ, Asia stated, 'The horny kid jumped me ... I had sex with him it felt weird.' She went on to relate that she became 'frozen' when he was on top of her and told her that she had been his sexual fantasy since he was 12 years old," Heller wrote. "Asia chose at the time not to prosecute Bennett for sexually attacking her."
Bennett has not inquired with the police about the incident. He plans to file a police report with the Los Angeles Police Department, TMZ reported. The statement released by Heller is said to be the reason for his quick decision to involve authorities. Bennett noted his decision to stay mostly silent on the encounter came from being a male in a stigmatized society.
"I did not initially speak out about my story because I chose to handle it in private with the person who wronged me. My trauma resurfaced as she came out as a victim herself," Bennett said in a statement to CNN in late August. "I was underage when the event took place, and I tried to seek justice in a way that made sense to me at the time because I was not ready to deal with the ramifications of my story becoming public. At the time I believed there was still a stigma to being in the situation as a male in our society."
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