The first charge — when Kimmel was 43 — involved sex with an underage girl in New York City. According to the criminal complaint obtained by Variety from the Manhattan District Attorney’s Office, Kimmel had vaginal intercourse with the girl five or more times from Aug. 6–10, 2003, when she was 15, and another five or more times between Aug. 31 and Sept. 3, 2003, at the same Manhattan address, after she turned 16. In New York, the age of consent is 17. (According to the complaint, the girl also “had sexual intercourse with defendant when she was 15 in the state of Arkansas.”)
“Kimmel touched her sexually under her clothes at his house, and later kissed her good-bye in his car. The girl said there were also occasions of ‘French kissing.’ At one point the girl claimed in a diary entry that Kimmel tried to end the relationship. On Jan. 20, shortly after the alleged sexual touching in December, she wrote in her diary, ‘he’s sorry he kissed me and said it’s over and I’ll never understand.’”
the girl that stated she’d had “a crush on Kimmel, saying she thought he and his work were exciting, but that she was sickened when she learned of his status as a sex offender.” The prosecutor also “read several emails sent from Kimmel to the complainant, saying he referenced multiple movies that involve teenage girls being involved with older men.”
Kimmel’s defense, according to the report, was that he “continued the email correspondence because he did not want to hurt the girl’s feelings, and that he wanted to get together in person to explain to her why they could not be together.” His father, a longtime friend of Kimmel’s, and Kimmel’s “female partner of five years” spoke on Kimmel’s behalf, which the judge said “contributed to his decision not to give [Kimmel] a harsher sentence.”
