The plaintiff, identified as Jane Doe, said she refused to participate in the film but was sabotaged by another woman who exposed her breasts by yanking her tank top down.
Doe was 20 when the footage was shot in May 2004. Her lawyer, Stephen Evans, argued that she never gave consent and could even be heard on the video saying “no” when asked to show her breasts, shortly before another women came up from behind and pulled down her tank top.
Doe filed suit in 2008 after she was seen in a “Girls Gone Wild” video. She asked for $5 million in damages.
But the jury denied Doe’s claim, agreeing with the defense’s claim that she gave consent by being at the party.
“Through her actions, she gave implied consent,” jury foreman Patrick O'Brien said. "She was really playing to the camera. She knew what she was doing."
Doe's lawyer disagreed with the decision.
“Other girls said it was OK,” Evans said. “Not one other one said, 'no, no.' She is entitled to go out with friends and have a good time and not have her top pulled down and get that in a video.”
