Dave Portnoy, 44, was accused of having “violent and humiliating” sex with women as young as 19 years old. Both women reportedly state that it happened in the summer of 2020, but didn’t talk about it publicly until November of 2021. In the past, he has been accused of creating a demeaning environment on his podcast, in which sexual harassment and cyberbullying are encouraged. 

In The Cut, they share a past story from 2010, when Portnoy made a controversial comment about an Australian man who was acquitted of rape. He wrote that “Even though I never condone rape, if you’re a size 6 and you’re wearing skinny jeans, you kind of deserve to be raped, right?” 

Despite his history of insensitive comments, this is the first time that sexual misconduct has been made public against him.

The first victim, a 20-year-old woman under the pseudonym “Madison”, described the visit to Portnoy’s house as a “traumatic experience”. She explained that he started filming her without her consent and choked her to the point where she couldn’t breathe. Also according to The Cut, Madison told Insider that she felt like a “human sex doll”. She had shouted, “Too much!” and “It hurts!” at which point, Portnoy replied, “stop running away from me.” 

The second victim, a 19-year-old woman, referred to as Allison, voiced her encounter as “really aggressive.” Three days after her visit to Portnoy’s Nantucket house, she became suicidal and was admitted to the hospital. Her mother wanted to take legal action, but Alison urged her not to because she knew he would “drag me through the mud.”

The day the report came out, Portnoy posted a video on Twitter explaining that he has “never done anything weird with a girl ever.” He also explained that Madison’s story was not true. He claims that at “no point did she ask me to stop.” He gathered screenshots of his Instagram DM’s that show Allison asking to meet up again, even after what she claimed happened. 

Despite Allison’s requests to not take legal action, her mother contacted the Nantucket Police three nights later but declined to press charges. The Nantucket Police Department claimed they were not investigating Portnoy.

Introduction to Law and AP Psychology teacher, Ms. Warren, explains that “I don’t know if a prosecutor would want to take this case based on the little evidence. However, in a civil case, it would be easier to prove a civil assault but she still needs evidence.” 

Warren explains that “It could be an assault but I think it’s hard to prove when there are no other witnesses as bad as that is.”  She also claims that “It could be statutory rape because you are having sex with a minor depending on the state and what age she was when it happened.” In Massachusetts, the age of majority is 18. Therefore, both women are not considered minors in this situation. 

There is still no information on whether Madison or Allison plans on taking legal action against Portnoy.