×

Migos’ Takeoff Accused of Rape in Lawsuit

An attorney for the plaintiff says she doesn't know why the LAPD hasn't charged the rapper yet for the alleged June assault but hopes the suit will spur action.

Takeoff Migos rapper
Robb Cohen/Invision/AP

A lawsuit filed Wednesday in Los Angeles alleges that Takeoff, a rapper with the hip-hop group Migos, raped a woman at a party in June. The unnamed woman filed the suit as a Jane Doe, with her attorney saying she “fears retaliation from speaking out.”

The filing to the Superior Court of California includes a summons addressed to Kirshnik Khari Ball, Takeoff’s legal name. The complaints lodged against him include sexual battery, assault, false imprisonment and gender violence.

The lawsuit says that the victim sought medical aid at a hospital after the incident and that staff “observed physical evidence of forceful rape and notified the Los Angeles Police Department of the same.” A statement released by the plaintiff’s attorneys at West Coast Trial Lawyers said police are still investigating.

Speaking further with Variety, attorney Neama Rahmani said, “I don’t know why Takeoff hasn’t been arrested or charged yet.  That is a question for LAPD and the LA County DA’s Office. The delay is uncommon in my experience as a former prosecutor, especially when you have a rape victim who made an immediate report of the sexual assault and is ready and willing to cooperate with law enforcement. We decided to file the civil lawsuit now with the hope that witnesses will come forward and that we uncover additional evidence to support our claims, and that the media attention will motivate LAPD to pursue the investigation more aggressively.”

In a statement provided to Variety late Wednesday, Takeoff’s attorney, Drew Finding, responded to the lawsuit.

“On behalf of Mr. Ball, we have reviewed the allegations and have similarly done our own due diligence,” Finding said, “What has become abundantly clear is that the allegations made against Mr. Ball are patently and provably false. The claims and statements made regarding this lawsuit indicate that the plaintiffs’ representatives have not spoken with relevant witnesses or reviewed available evidence. Mr. Ball is renowned for his artistic talent as well as his quiet, reserved and peaceful personality. In this instance, those known personality traits have made him a target of an obvious exploitative money grab. As his counsel, we are well aware and well versed on the importance of civil and criminal prosecution of true sexual assaults. This is not one of those situations.”

The filing contends the assault took place around 2 a.m. on June 23 in the Encino area. According to the timeline set out, the alleged victim arrived at a home on Estrondo Drive at 7 p.m. earlier that night, having been invited by her friend, Daryl McPherson, aka DJ Durel, Migos’ DJ. At some point, by her account, she noticed a gun laying out openly on a table, even as Takeoff was making unwanted advances. When she told Durel that she was uncomfortable with Takeoff refusing to back off, the two Migos members began arguing on a stairway, the timeline says.

Roughly seven hours after her arrival, the plaintiff said, she then left the two Migos members arguing and proceeded upstairs to a bedroom to rest. She was followed soon after by Takeoff, who — the suit alleges — flipped her over and “proceeded to have forceful sexual intercourse with Plaintiff from behind, without Plaintiff’s consent. After Defendant Takeoff finished raping Plaintiff, he immediately left the room.”

The filing says the alleged victim went to a hospital at some point that day, “where hospital staff observed physical evidence of forceful rape and notified the Los Angeles Police Department of the same.”

The filing asks for damages to be determined at a jury trial.

“Our client is in shock and fears retaliation from speaking out,” Rahmani said in a statement announcing the lawsuit.

Migos was scheduled to release a new video for the song “Need It” later this week. There has been no word on whether release or promotion plans will be affected by Wednesday’s court filing.