SexSearch Attorneys Ask Court to Dismiss Ohio Case

TOLEDO, Ohio — Attorneys defending SexSearch.com and its partnering companies on Friday asked a federal judge to dismiss claims that the social-networking site neglected its duty to filter out participation with minors.

In the latest court filing, SexSearch counsel said that the plaintiff is attempting to sidestep the full text of its Terms and Conditions, including the company’s warning for minors to stay off the site.

“Plaintiff cobbled his claims together by pulling sound bites out of context from those documents to support his protestations that he is not at fault for engaging in unlawful sex with a minor,” SexSearch attorneys said in the filing.

Filed in U.S. District Court in Toledo, Ohio, the suit alleges that SexSearch, as well as its executives and partners, committed fraud, violated Ohio consumer laws and markets children to adults for sexual purposes, among other accusations.

The case centers around an adult male who said he was tricked into believing that the minor was in fact over the age 18 because she posted information that stated such and that SexSearch represented to him that it verifies the age of all members who use their site.

More than a month after having consensual intercourse with the minor at her home, the man was arrested and charged with a variety of charges of unlawful conduct with a minor. The man, whose age has not been revealed, could face up to 15 years in prison, but his criminal trial has not yet commenced.

The 14-year-old minor, whose profile was active on SexSearch until it was removed by her parents, included her photo on the site, as well as listings that said she was looking for a “1 on 1 sexual encounter” and that her ideal match included her interest in a male “who can last for a long time.” Friday’s filing emphasized that the plaintiff’s opposition to arguments of SexSearch’s age-verification system is “so devoid of analysis that it is a tacit admission that dismissal is warranted.”

“No matter what, plaintiff cannot overcome the causation hurdle: his decision to have sex with Jane Roe was the supervening and intervening cause of his damages and not any act by the SexSearch.com site,” the filing said.

The suit’s long list of defendants include some well-known adult industry brand names in addition to SexSearch, including Moniker Online Services, Manic Media and Stallion.com. Also listed as defendants are SexSearch executives Ed Kunkel, Damian Cross and Adam Small, as well as SexSearch hosting company ExperiencedInternet.com.

Claims against Playboy, Jenna Jameson and Club Jenna — once named as defendants in the suit — have been dismissed.

SexSearch attorneys in Friday’s filing said that the case has already gone on long enough and are asking the court to drop it.

“Plaintiff has had his due process, and his meritless case should be dismissed now to ensure that Congress’ and the Ohio Legislature’s goals are met to immunize publishers from tort claims based on published content,” SexSearch attorneys said. “The complaint fails to state a claim and should be dismissed with prejudice and without leave to amend.”

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims in a sweeping lawsuit brought by a former GirlsDoPorn model.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Cosplayground Releases 'Furiosa XXX: A Porn Parody'

Cosplayground has released its seventh original production, “Furiosa XXX: A Porn Parody.”

Washington Post Spotlights ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Belgian adult producer and director Dennis Black Magic has been sentenced to seven years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with congressional candidate Joe Cohn, whom the organization calls a strong advocate for adult industry rights.

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

Show More