The unnamed John Doe plaintiff, whose case was tossed by U.S. District Judge Jack Zouhary last month, recently had his criminal case dismissed, which could have meant a 15-year prison term.
Doe said he was tricked into believing that a minor he met on SexSearch was in fact 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 case, filed earlier this year in Toledo, Ohio, and dismissed just last month, underscored the inherent risks to social networking and dating sites that allow users to post their own content.
The 6th Circuit, which has jurisdiction of federal appeals in Ohio, Tennessee, Kentucky and Michigan, has not indicated whether they will hear the case.
But SexSearch lead counsel Gary Kaufman of Los Angeles-based The Kaufman Law Group told XBIZ that he is confident that the online social networking company will win once again.
“We are perplexed as to why the plaintiff is appealing such a well-thought-out ruling by the district court judge,” he said. “The dismissal is clearly supported by federal statute and U.S. Supreme Court precedent.
“Our feeling has always been that the plaintiff in this case is barking up the wrong tree,” he said.
More than a month after having consensual intercourse with the 14-year-old minor at her home, the plaintiff was arrested and charged with a variety of charges of 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.”
The suit’s long list of defendants included some blue-chip adult industry names in addition to SexSearch, including Playboy, Jenna Jameson, Club Jenna, 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.
Plaintiff’s attorneys Dean Boland and Brandie Hawkins did not return phone calls for comment to XBIZ by post time.