Sex

Dylan McDermott is in the clear after a woman claimed he sexually assaulted her in 1991.

The L.A. County District Attorney's Office just rejected the case, saying it fell outside the statute of limitations. According to the reject form, obtained by TMZ, "The allegation is outside the statute of limitations, therefore, an analysis of the strengths and weaknesses of the evidence is not warranted and prosecution is declined."

In other words, the D.A. didn't even look at the evidence because it's too old to be prosecuted.

A rep for McDermott tells TMZ, "Mr. McDermott learned about these allegations last year and trusted that the process would end exactly as it has."

What's interesting ... the media never knew a woman had filed a claim against McDermott, but the D.A.'s reject form is now a public document.

The news comes on the heels of the D.A.'s office also rejecting sexual assault cases against Kevin Spacey and Steven Seagal ... incidents that also allegedly occurred in the early '90s.

A houseguest on "Big Brother" used his eviction speech to tell everyone to "suck it" ... then strongly suggested there's already some sucking going on.

Scottie got evicted from the 'BB' house Thursday night, but not before he made multiple comments that warranted CBS censorship ... including a vulgar joke about the "showmance" between Tyler and Angela.

The audio didn't air live, but 'BB' sleuths were easily able to find out what Scottie said and add captioning ... which reveals his comments insinuating Tyler is receiving oral sex from Angela.

Scottie tells Tyler, "You've been getting Hilton Head" ... clearly a sexual pun reference to the town in South Carolina where both Tyler and Angela hail from.

Scottie was already evicted before this season, but won his way back only to be booted again. And, according to 'BB' insiders ... Angela's very upset by his parting shot at her, which many fans agree is incredibly disrespectful and even misogynistic.

Controversies have been par for the course this season on the hit reality show, with multiple houseguests making racist comments and even cries of sexual misconduct.

Kanye West has taken his talents to the XXX screen -- he's the creative director for the Pornhub Awards -- and he's got his hand in just about every aspect of the show.

Thursday night's inaugural show will be presented in VR live from The Belasco Theater in L.A. We've learned Kanye and his creative house DONDA have partnered with Willo Perron -- who has worked on some of the biggest tours in music -- will manage the show's production and stage design.

Kanye is also set to premiere a new single and music video with Lil Pump called "I Love It." The video is executive produced by Spike Jonze -- who Kanye's collabed with a ton in the past on projects like "Only One," "Otis" and "Flashing Lights" -- and co-directed by Kanye.

And, get this -- Ye will incorporate his clothing brand too -- all of Thursday night's performers will be decked out in Yeezy gear.

Asia Argento has just poked the bear, because we've learned Jimmy Bennett -- who was 17 when he had sex with her -- is going to the L.A. County Sheriff's Dept. to file a sexual assault claim against her and cooperate with the investigation.

Bennett, who is now 22, has been on the fence as to whether he'd cooperate with authorities, but he's now decided to go full steam ahead.

We're told Bennett's tipping point was the statement Argento's lawyer released Tuesday, attacking his character. Her lawyer, Mark Heller, talked about Bennett's "unfortunate past, stalled acting career ... his desperation to seek money." Heller also referenced that Bennett had been a drug user.

Bennett's lawyer, Gordon Sattro, tells TMZ, "the attack on my client's character has no bearing on the events that took place on May 9, 2013. These are statements that are meant to intimidate, shame and insult my client."

Argento, who has accused Harvey Weinstein of rape, has been vocal in the #MeToo movement about shaming alleged victims of sexual assault ... something her lawyer did in a big way with Bennett.

Argento's lawyer claims Bennett was "a horny kid" who jumped her in the hotel room. She says she did have sex with him but implies it was not consensual because she was "frozen."

This photo was taken after the sexual encounter in the hotel room. Bennett's people say it flies in the face of Argento's claim she was not a willing participant.

And, they point out this photo which Argento, who was 37 when they had sex, posted in the hotel room before Bennett arrived. The caption reads, "Waiting for my long lost son My love @Jimmy Bennett in trepidation."

The maximum penalty for statutory rape in California in a case involving a 17-year-old is 3 years in prison.

Asia Argento says Jimmy Bennett -- who had sex with her when he was 17 years old -- is lucky she didn't file charges that HE sexually assaulted and then extorted her.

Argento's lawyer, Mark Jay Heller, tells TMZ, his client's text messages that TMZ posted tell the real story about what went down at the Ritz-Carlton hotel in Marina del Rey, CA. The text in question read, "The horny kid jumped me ... I had sex with him it felt weird." She goes on to say she was "frozen" when he was on top of her.

Heller says, "Asia chose at the time not to prosecute Bennett for sexually attacking her."

As for her statement after the story broke -- "I have never had any sexual relationship with Bennett" -- Heller says she was being honest because it was a one-time only encounter and not a relationship.

Heller goes on to claim Bennett smelled a payday and tried to extort Argento, especially when he found out she was dating Anthony Bourdain. He says Bennett "chose to intrude on that relationship and demand financial payment from Bourdain in consideration for not embarrassing Asia and indirectly Bourdain ..."

Heller says Anthony chose to protect Asia by agreeing to pay $380k even though she did nothing wrong.

And, Heller says, Bourdain paid $250k up to this point, but Argento will not pay the balance.

Heller ends by attacking Bennett, saying, "Asia does not intend to prosecute Bennett for his conduct and recognizes that his unfortunate past, his stalled acting career, and a lawsuit against his own parents for allegedly misappropriating more than a million and a half dollars from his account might explain his desperation to seek money from Asia and Bourdain for this falsely alleged incident that took place more than 5 years ago."

The attack against Bennett is odd ... because Argento has spoken out against shaming alleged victims in sexual assault cases.

Neither Kevin Spacey nor Steven Seagal will face charges for alleged sexual assaults that took place about 25 years ago ... TMZ has learned.

According to new legal docs ... the L.A. County D.A. declined to file charges in the cases against the actors for alleged incidents that took place in the early '90s.

In the Spacey case, a man claimed he was sexually assaulted in 1992, but the D.A. concluded it was well beyond the statute of limitations, and "Therefore, an analysis of the strengths and weaknesses of the evidence is not warranted."

The D.A. made a similar conclusion for Seagal, who was accused of sexual assault by a woman in 1993 ... so he won't face charges either.

9:25 AM PT -- Drake just followed Kim on Instagram.

8:06 AM PT -- Kim just put the rumor to rest herself, commenting, "Never happened. End of story." on a social media post about the theory with Drake.

Kim Kardashian never hooked up with Drake, despite what Drizzy seems to be insinuating in his new song ... sources very close to Kim tell TMZ.

Drake definitely started the rumor with his song, "In My Feelings" where he refers to Kiki. That's her family nickname, and also the color of one of her KKW Beauty lipsticks.

The other clue people on social media are using to connect the dots is from Drake's collab with Kylie's baby daddy Travis Scott -- "Sicko Mode." Drake's home is pretty close to Kim's and the lyric goes ... "I crept down the block, made a right, cut the lights, paid the price."

We're told the two do have some mutual friends and are cordial when they have run into each other at events in the past, but they've never had a personal friendship or relationship.

As for the hooking up thing, our Kim sources say it's all BS ... that she's never slept with Drake. Didn't happen while she was married and didn't happen before.

G-Eazy didn't take long to fire a huge shot back at Machine Gun Kelly, responding with an all-out diss track after MGK freestyled about banging Halsey.

The freshly heated beef started roasting Thursday, when MGK went on HOT 97 with Funkmaster Flex and dropped some bars blasting Eazy ... accusing him of stealing his look with the line, "I f***ed his girl now he looks like me this sh*t overbearing."

G-Eazy responded hours later by releasing a new track called "Bad Boy" on SoundCloud ... which included lyrics directly aimed at MGK.

The lines include ... "MGK please stop trolling me, get over me / You wanna be me, you’re mad that you’re not as big as me." He goes on to call him a "mini-me" and a "f***ing joke," and delivered a threat regarding Halsey, saying ... "Disrespect her again I’ll smack you."

Doesn't seem like MGK's scared by G's threats, though -- he shared the video of his freestyle on his Instagram along with a photo of the 2 and the lyrics about banging Eazy's GF.

As we reported ... G-Eazy and Halsey split earlier this summer, and around the same time she was spotted out one night with Kelly.

Halsey and G-Eazy have gotten back together after their 2-month split ... and we've seen them out together twice in the last 2 weeks.

It looks like their reconciliation has come at the cost of the rapper's friendship.

Before Louis C.K. shocked an NYC audience with his return to stand-up, he warmed up off the beaten path by crashing a Long Island comedy club where he got a standing O ... and TMZ got photos from the gig.

The disgraced comedian hit the stage last Sunday at Governor’s of Levittown out on Long Island. Club owner James Dolce tells us Louis did about 10 to 15 minutes of material ... but no one, including Dolce, had any clue C.K. was dropping in for the set.

In the photos from the Governor's gig, you can see Louis whipped a notepad out of his pocket ... clearly refreshing himself on the new material he was trying out that night.

This set came just a few hours before Louis drove into NYC to surprise the crowd at the famed Comedy Cellar in Greenwich Village. While there's been much debate about whether it's too soon for him to return after admitting to sexual misconduct last November -- Dolce says it was clear how the audience felt at his club.

They loved it. Some fans even waited for photos after the show, but Louis had bolted for the Big Apple.

Ohio State might have lost Urban Meyer for 3 games amid the Zach Smith scandal ... but it ain't losing its top recruit -- 'cause Garrett Wilson tells TMZ Sports he's still all-in with the Buckeyes.

Wilson -- a 5-star receiver from Texas whose main OSU recruiter was Smith -- says after all the dust has settled on the drama in Columbus ... he still feels solid with his pledge.

"It was hard to hear, you know?" Wilson tells us about the serious situation at Ohio State.

"I wanted to let it all play out and now that it's all played out and I'm going to have my coach back, I feel comfortable with everything."

It's huge news for OSU because Wilson is an absolute monster on the field -- considered one of the top WRs to ever commit to the school.

Dude hauled in 96 receptions for 1,764 yards and 26 TDs as a junior last season.

He was recruited by just about every major program in the country, including Texas, Alabama and Florida State.

Garrett says he keeps in steady contact with interim coach Ryan Day daily ... and says OSU knows he's so locked in now, the conversations have shifted from the scandal to just football.

As for Zach Smith ... Garrett tells us the domestic violence allegations against the coach were "hard to hear," but Wilson did reach out to the coach to offer his support.

Louis C.K. did NOT tread lightly in his first stand-up gig since admitting his sexual misconduct, because he reportedly cracked a joke about rape whistles.

Remember, C.K. copped to dropping his pants and masturbating in front of women ... and even coercing them into keeping silent about it. So, at least 2 female audience members at the Comedy Cellar in NYC were shocked to hear him start a bit about the phrase "clean as a whistle."

The women told Vulture C.K. worked up to a joke about rape whistles NOT being clean, and they say it was very well received -- "people were laughing, and I was just sitting there like, oh my f**k."

They were uncomfortable and depressed that C.K.'s joke had killed ... especially considering the things he's admitted doing.

Louis C.K.'s surprise return to stand-up -- to the delight of some and dismay of others -- has full support from some very important people in the comedy world ... the guys running the clubs.

TMZ's learned several comedy hot spots in NYC would gladly welcome Louis back, despite his fall from grace last year after he copped to sexual misconduct.

Louis Faranda, talent exec of Carolines on Broadway, tells us ... the comedian is like a son to him -- they personally go back to the beginning of C.K.'s career -- and he's a longtime friend of the club.

Faranda adds ... "We all make bad mistakes in life and everyone deserves the right to be forgiven ... I totally understand the plight of the women he offended, [but] I also love Louie C.K. and CANNOT turn my back to him ever!!"

Likewise -- Al Martin, owner of Broadway Comedy Club and Greenwich Village Comedy Club, says ... "Everyone is entitled to a second chance. I would book Louis." C.K. has performed at his clubs in the past.

Bill Boggs, officer of the Friars Club, tells us it would also have Louis back. Boggs says, "We were repulsed by his actions and there’s no question about that," but he gives C.K. the benefit of the doubt that he's learned from his mistakes. "We can't punish people for the rest of their lives; we can't assume they haven't learned. People can grow and change."

These clubs are not alone. We broke the story ... fellow comedians like Marlon Wayans are glad Louis is back onstage, with Marlon telling us he feels C.K. did his time in "comedy jail."

Other comedians, though -- like Melinda Hill -- feel C.K. needs to fully apologize and make amends for his wrongdoing before he returns to the mic. Melinda says Louis is "spearheading the #MeTooSoon movement."

C.K. showed up unannounced at the Comedy Cellar in Manhattan Sunday night and did a surprise set ... after going MIA for about 9 months following a public admission of using his power to masturbate in front of women without their consent.

A 22-year-old woman claims she was raped in an apartment where 2 Cleveland Browns players live -- telling police a friend of tight end David Njoku had sex with her after she fell asleep at their pad.

Njoku is NOT accused of any wrongdoing but has been interviewed by police over the incident.

According to the police report, the woman claims she went to the upscale downtown Cleveland apartment complex where Njoku lives with WR Rashard Higgins early Saturday morning after a night of drinking with her friends.

The woman claims she fell asleep in Higgins' bed, but when she woke up a 3rd man -- Kashwayne Nelson -- was having sex with her. She immediately tried to call 911 but Nelson allegedly pulled the phone away and grabbed her by the hair.

The woman says she managed to leave the apartment and later got in touch with police.

When cops arrived, they spoke with Higgins -- who said he had hooked up with the accuser earlier that night but had left the apartment because he couldn't sleep.

While Higgins was out of the apt., Nelson allegedly snuck in and raped the woman.

Cops also spoke with Njoku -- who acknowledged Nelson is his friend who also lives in the apartment -- but Njoku says he was in his bedroom the entire evening and didn't know anything about the incident.

Ultimately, cops arrested Nelson on suspicion of rape. Cops also say he gave them a fake ID when asked for identification -- so he was also booked for obstruction of justice.

The Browns issued a statement to Ohio.com saying, "Rashard immediately notified us of the situation and he and David fully cooperated with the police while being interviewed."

Safaree's putting his third leg to work ... and it's paying off BIG time.

The anaconda Nicki Minaj was allegedly obsessed with -- on and off for 12 years landed Safaree a 7-figure deal with one of the top sex toy makers, Doc Johnson ... which proudly boasts of its 40 years in the quality, hand-crafted sex toy game.

The deal calls for Doc Johnson to create a life-sized mold of Safaree's manhood. DJ will soon begin mass production, but don't whip out your credit card just yet ...ya gotta wait a tad longer. Pre-orders begin in December, and the toys will ship just in time for Valentine's Day.

We're told the deal was finalized with the help of KD McNair and Britmo Inc.

Who says romance is dead?

Harvey Weinstein says Ashley Judd's playing a guessing game when it comes to why her career was derailed, and he insists she can't prove he blackballed her out of a huge role.

Weinstein filed docs asking the court to throw out the lawsuit Ashley filed against him earlier this year. In the docs, obtained by TMZ, he says her suit is based on a 2017 article where director Peter Jackson speculated Ashley wasn't hired for a 'Lord of the Rings' role due to Weinstein blackballing her.

In her suit, Ashley said the blackballing was the direct result of her rejecting Weinstein's sexually aggressive moves in a hotel room.

In his motion to dismiss, Weinstein says her whole case is based on speculation -- Jackson's and hers -- and she has no evidence the alleged blackballing is why she even lost the role. In fact, he says Ashley made no effort, at the time, to find out why she didn't get the part.

Rose McGowan is clearly disappointed in Asia Argento for allegedly sexually assaulting Jimmy Bennett but adds, Asia's case makes her realize even the accused deserved due process.

Rose issued a lengthy statement Monday about Asia, Jimmy and her paying him $380k. Rose appears to side with Bennett, saying, "There absolutely should be no leeway or tolerance for sexual assault. Hard stop. NONE," ... adding that victims shouldn't be told how to talk about their abusers.

Rose also says Asia sent text messages to a mutual friend of theirs in which Asia admits to having sex with Jimmy ... even though she'd flat-out denied any sexual relationships with him.

Rose admits she needs to evolve when it comes to her reaction to cases like Asia's -- and perhaps even Weinstein -- saying, "However as allies to the victim and voyeurs of an event we should find a better way to balance support of the victim with due process for the accused."

She also calls on Asia to be better, honest, fair and "the person you wish Harvey could have been."

Like we told you ... the L.A. County Sheriff's Department wants to talk to Bennett to see if a criminal investigation is warranted.