SexSearch Found Not Liable for User's Tryst With Minor

TOLEDO, Ohio — The John Doe plaintiff who sued online social-networking company SexSearch after he was arrested for having sex with a 14-year-old member has lost his federal appeal.

A 6th U.S. Circuit Court of Appeals three-judge panel dismissed Doe’s 14-count appeal on Tuesday, ruling “the danger that a member of SexSearch could be a minor is open and obvious” and that his case failed to state legitimate claims.

Doe said he was tricked into believing that a minor he met on SexSearch was over the age 18 because she posted information that stated such and that the online company represented to him that it verifies the age of all members who use their site.

The ruling is of significant interest to online adult businesses because the decision amplifies the necessity for Internet companies to warn customers that users they meet online could be fabricating information, particularly their ages.

“Internet users’ anonymity and potential for false personal representations are well known,” Chief Judge Gilbert Merritt wrote for the court. “Doe was familiar with the registration process and knew that SexSearch did nothing more than asking members to check a box indicating that they are at least 18. Furthermore, even if there was a duty to warn, the statement in the 'terms and conditions' that SexSearch could not verify members’ information could be seen as a satisfaction of that duty.”

More than a month after having consensual intercourse with the 14-year-old minor at her home, Doe was arrested and charged with unlawful conduct with a minor. The 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.”

Doe, whose civil case was tossed by U.S. District Judge Jack Zouhary last year, had his criminal case dismissed, which could have meant a 15-year prison term.

In his original complaint against SexSearch, Doe claimed that the arrest and prosecution — and the publicity that accompanied them — caused lasting harm to his reputation, family life and employment prospects.

He later appealed the civil case all the way to the 6th Circuit, which has jurisdiction of federal appeals in Ohio, Tennessee, Kentucky and Michigan.

Doe's suit also alleged that SexSearch unconscionably limited liability to the $29.95 value of its "gold" membership.

"Given the nature of the service, which encourages members to meet in person for sexual encounters, SexSearch’s potential liability is nearly limitless," Merritt wrote. "For example, arrest, diseases of various sorts, and injuries caused by irate family members or others may be the result of such hedonistic sex. When selling such services, then, it is commercially reasonable for SexSearch to limit its liability to the price of the contract."

SexSearch attorney Colin Hardacre, of Los Angeles-based Kaufman Law Group, told XBIZ that the appeal to the 6th Circuit was rather weak and doubted Doe would ask for the court’s full panel to rehear the case or a possible challenge at the U.S. Supreme Court.

“It’s the case of everyone saying ‘you’re done,’” Hardacre said. “If you want to challenge the 6th Circuit’s decision, we’d say ‘bring it on.’”

In the federal appeal, the 6th Circuit said that it agreed with the lower court decision that dismissed all 14 counts for failure to state a claim.

Failure to state a claim is frequently raised as a defense in civil litigation. It asserts that, assuming all the allegations in the plaintiff’s complaint are true, the complaint nevertheless does not establish a cause of action, or a combination of facts that gives a person the right to seek judicial relief against another.

But the court didn’t reach the question of whether the Communications Decency Act provides SexSearch with immunity from suit, Hardacre said.

Section 230 of the CDA distinguishes between an Internet service provider and an Internet content provider, holding that no ISP “shall be treated as the publisher or speaker of any information provided by another information content provider.”

“I knew from the justices’ comments and questions during argument that they were not enamored with the U.S. District Court’s interpretation of the CDA,” Hardacre said.

In finding SexSearch immune under the law, lower-court judge Zouhary cited Doe vs. MySpace, which held that a girl raped by a man she met on MySpace could not sue the social-networking website for failing to keep sexual predators from communicating with minors.

“In the present action, plaintiff attempts to do the same thing as the plaintiffs in Doe vs. MySpace and, in fact, comes right out and tells the court his complaint is artfully pled to avoid the CDA,” Zouhary wrote in his decision. “At the end of the day, however, plaintiff is seeking to hold SexSearch liable for its publication of third-party content and harms flowing from the dissemination of that content.”

Zouhary noted in the lower-court opinion that the 6th Circuit has yet to interpret Section 230.

SexSearch attorney Gary Kaufman, who argued the case before the 6th Circuit in October, said the win was a solid one for Cytek Ltd., the owner of SexSearch.

“This was a terrific victory for our clients,” Kaufman said. “They stood their ground and defended themselves against this shakedown, rather than pay off like a slot machine, as so many companies out there do.

"Hopefully this sends the message to anyone contemplating a payday from our clients that they are in for a knock-down drag-out fight — we do not represent pushovers.”

Plaintiff’s attorneys Dean Boland and Brandie Hawkins did not return phone calls for comment to XBIZ by post time.

View Document

Related:  

Copyright © 2026 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

On-Chain JAV Distribution Platform 'HandSome' Goes Live With Open Beta

Fukuoka tech firm Fidem has officially rolled out an open beta version of HandSome, a new Japanese Adult Video (JAV) content distribution platform built on blockchain technology.

Arcom Investigates Mym Over SREN Compliance

French media regulator Arcom is investigating creator platform Mym to determine whether the site may have violated age assurance rules and/or other requirements of France’s Security and Regulation of the Digital Space (SREN) law.

England, Wales to Enforce 'Extreme' Content Laws Starting Nov. 6

England and Wales will begin enforcing new laws criminalizing depictions of “non-fatal strangulation,” as well as sexual content in which adults portray underage characters, starting Nov. 6, the U.K. Ministry of Justice announced Friday.

Report: UK Film Classification Board to Monitor 'Extreme' Content Online

The U.K. government has tapped the British Board of Film Classification (BBFC) for a pilot program to monitor online pornography for illegal and “extreme” content, as it prepares to enforce new content restrictions, British media outlet Sky News is reporting.

New Federal Report Slams Debanking but Ignores Adult Industry

The Office of the Comptroller of the Currency (OCC) on Wednesday released a report on debanking activities at nine large national banks, but omitted any mention of the adult industry, despite previously identifying it as a sector facing banking discrimination.

EU Court Rejects Stripchat Challenge of Past VLOP Designation

The EU’s General Court on Wednesday ruled against Stripchat in a lawsuit seeking to annul a 2023 European Commission decision designating the site as a “very large online platform” (VLOP) under the Digital Services Act (DSA).

Aylo Case Against Utah VPN Rule on Hold Pending Legislative Changes

A federal court has paused Aylo’s suit over a Utah law making adult websites liable if minors bypass age verification by circumventing geolocation efforts, until the state legislature can meets to potentially amend the statute.

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

Show More