Salt Lake City police report describes Tom Sizemore sex assault investigation, why no charges were filed

A handler for the children on the set said she didn’t see any kisses or touching.

FILE - In this Aug. 11, 2014 file photo, actor Tom Sizemore arrives at the premiere of "The Expendables 3" in Los Angeles. Los Angeles police arrested Sizemore on suspicion of domestic violence Tuesday, July 19, 2016 after receiving a call around 8:15 a.m. about a fight involving the actor in downtown Los Angeles. (Photo by Jordan Strauss/Invision/AP, File)

The first thing the girl didn’t like, she later told police, were the kisses.

Then the girl, 11, had to sit down for another photo. That’s when the actor she was posing with, Tom Sizemore, groped her through her clothes, she told Salt Lake City police.

A report released Tuesday lays out the allegations against Sizemore on a Utah movie set in 2003. Reports of the alleged assault surfaced Monday in a Hollywood Reporter article. Neither Sizemore nor his representatives have responded to the allegations this week.

The alleged groping was investigated by Salt Lake City police, who referred the case to the Salt Lake County district attorney’s office to consider criminal charges. The district attorney’s office declined to prosecute, citing problems with witnesses and evidence, according to the police report.

The episode allegedly took place in a house near 650 East and 300 South on Aug. 29, 2003, while taking photos for the movie “Piggy Banks,” whose title was changed to “Born Killers” before its 2005 release.

An estimated 100 people were on the set at the time, with 20 near Sizemore and the 11-year-old, according to the report.

The girl told police that during the photo shoot Sizemore was kissing her, apparently as part of the pose for the photos. During the second kiss, Sizemore allegedly moved the girl’s head so he could kiss her on the mouth.

The child’s mother later told police her daughter looked very uncomfortable after the kiss and demanded that her mother sit by her, according to the report.

Shortly after, Sizemore and the girl posed for more photos in front of a Christmas tree. The girl said Sizemore was lying sideways on the floor while she sat beside him, dressed in what she described as a “sleeper.”

She said that as she went to sit down, Sizemore placed his hand underneath her so she would sit on his hand. As she squirmed away, Sizemore followed her with his hand, she told police. When she sat down a second time, Sizemore curled his fingers and touched her genitals, she told police. The alleged assault took place over the girl’s clothes. She then got up again, grabbed his hand and moved it away.

The girl’s mother told police that she saw her daughter mouth “Mom” after the attack, and the girl said she tried to get her mother’s attention but did not want to say what had happened with other people there.

She told police that she reported the alleged molestation as soon as she was alone with her mother, who asked the girl whether she was positive the touching was purposeful. She said she was sure.

On Sept. 12, 2003, the mother reported the alleged groping to the Salt Lake City Police Department. Two weeks later, a police officer interviewed the civil attorney for the production company, who said Sizemore had been fired and was suing the company, according to the report.

On Sept. 22, police interviewed an employee who said she was legally bound to look after the children on the set, and that she did not see any of the inappropriate touching at the time of the photo shoot. She told an officer that Sizemore was never around the children unless they were filming or shooting promotional photos.

After the alleged assault, the girl told police, her mother said Sizemore had a history of similar gropings and a problem with pornography.

The Salt Lake Tribune generally does not identify victims or alleged victims of sexual assault.