Ohio Man Sues Over Minor?s Access to SexSearch

[Jon Clark - BANNED FOR LIFE]

LAKEWOOD, Ohio ? SexSearch.com has found itself on the legal defense after an Ohio man filed suit claiming the social networking company allowed him to chat online with a minor, later having sex with her.
The suit, filed in U.S. District Court in Columbus, Ohio, 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.

Plaintiff?s counsel Dean Boland told XBIZ that the suit, which has 21 defendants represented by seven different law firms, could shake up the social networking industry, particularly companies that market specifically to adults.

?The whole industry is going to be rocked,? said Boland, referring to the online adult business. ?There is no substantial age-verification system on any of these [social networking] sites.?

The man, whose name or age was not revealed in the complaint, 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 complaint said. His criminal trial, where he could face up to 15 years in prison, 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.?

The suit?s long list of defendants include some well-known adult industry brand 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.

Counsel for some of the defendants say, however, that the case is frivolous and without merit.

?My clients vigorously deny these claims and expect to prevail in court over these bogus charges,? attorney Michael D. Dortch told XBIZ.

Dortch, a Columbus, Ohio, attorney who represents seven of the defendants, including Kunkel and Small, would not further comment on the matter.

Los Angeles-based attorney Gary J. Kaufman, who represents ExperiencedInternet.com, told XBIZ that he too believes the complaint is unworthy.

?It?s clearly the case of a creative attorney who is trying to deflect blame from a client who faces a lot of years in jail,? Kaufman said. ?We?re trying to bring this to a speedy conclusion.?

Boland, who represents the John Doe plaintiff, however disputes that the case is frivolous and that SexSearch had a duty to filter out participation with minors.

?When a person signs up for SexSearch, they are promised that they are dealing with an all-adult community,? Boland said. ?There is a promise that everyone is 18. This is not eHarmony.

?Credit cards are not suitable to verify age,? said Boland, who is a noted child-porn defense attorney and digital images expert in Ohio.

The SexSearch complaint said that the minor, who is named as a Jane Roe in the filing, was allowed to access much of the site?s services, including a fetish room.

It also attempts to tie the company?s marketing efforts to individuals who want to gain access to teen Internet surfers. The complaint said the defendants operate sites such as Devirginized.com, FreenTender.com, YoungnTender.com, Orgasm.com, FreeTeenSlits.com and RawNudeTeens.com, among others.

Hollywood, Calif.-based SexSearch, on its website, claims more than 10 million members advertises it delivers ?real people, real sex? on a geo-targeted basis.

The site has three levels of membership and charges up to $29.95 per month. Depending on the level, members can create profiles, upload pictures and video content, as well as access advanced search options and view online adult content.

Boland has asked for unspecified and punitive damages in the suit, which was filed last month. He also is asking for triple damages under the state?s Consumer Sales Practices Act and is seeking a restraining order to enjoin SexSearch from accepting Ohio members, as well as attorney fees.

Boland, who has asked for a jury in the case, said that the defendants may have a tough time getting a victory, particularly in Ohio.

?No jury of average intelligence in the Midwest will decide in their favor,? Boland said.

http://www.xbiz.com/news_piece.php?id=22115

[EBORG9]

WOW! The Rob Lowe Defense. I'm scared to comment on this one.

[video_master_1]

thats fucked up

[Pleasurepays]

haha.. the guy fucked a 14yr old and blamed it on sexsearch.

[calibra]

Originally Posted by Pleasurepays

haha.. the guy fucked a 14yr old and blamed it on sexsearch.

Not bad, huh?

[XPays]

this case could be precedent setting

[WiredGuy]

This guy is grouping SS' execs, hosting company, registrar, Playboy, Club Jenna, Jenna Jameson, etc. in the suit. Sounds like a rather desperate attempt to me in a frivalous suit. Doesn't sound like it has any merit and seems more of an attempt to draw bad press to get a quick settlement.
WG

[Spoff]

Originally Posted by XPays

this case could be precedent setting

I completely agree. If they get a jury trial it could go either way.

[Pleasurepays]

Originally Posted by XPays

this case could be precedent setting

i'm not an attorney... but i can't imagine a court or jury siding with an adult who screwed a 14yr old girl. if he was a member, he was also aware that the process did not guarantee it was adults only.

a guy got caught banging a little girl... he is using the only possible defense he can to try to get off.

[Spoff]

Originally Posted by Pleasurepays

i'm not an attorney... but i can't imagine a court or jury siding with an adult who screwed a 14yr old girl. if he was a member, he was also aware that the process did not guarantee it was adults only.

a guy got caught banging a little girl... he is using the only possible defense he can to try to get off.

Once you involve the general public (ie: a jury) then anything is possible. Remember that OJ Simpson will be golfing this weekend thanks to a jury.

[Jon Clark - BANNED FOR LIFE]

You are suposed to ID women before you stick your cock in them

[jakethedog]

You know what I got out of all that ... Sexsearch should just pay him a couple hundred grand .. that's great marketing .. what do you want to bet memberships spiked in every demographic that this was news....

[RawAlex]

Originally Posted by Pleasurepays

haha.. the guy fucked a 14yr old and blamed it on sexsearch.

My feeling is that legally, this has some legs.

Not speaking about Sexserch specifically here (I am not specifically privy to their materials, terms, conditions, and procedures) but I went to an "adults only" dating site and hooked up with someone, I would expect under normal circumstances that the person is an adult.

For men, who are normally charged a membership fee, there is a confirmation by payment that the person involved is an adult. Many sites give free memberships to women, often requiring no ID, no confirmation, and having no screening process at all.

Without seeing the 14 year old in question, there is no way to know how hard it would be to tell. I have seen some girls at 14 or 15 that are pretty much "full sized" and could past muster if you aren't paying attention.

I have a feeling that this will be a long legal battle... and sexsearch will certainly need good legal help to get away from this one.

[RawAlex]

Originally Posted by Pleasurepays

i'm not an attorney... but i can't imagine a court or jury siding with an adult who screwed a 14yr old girl. if he was a member, he was also aware that the process did not guarantee it was adults only.

a guy got caught banging a little girl... he is using the only possible defense he can to try to get off.

Other example.... I go to a bar, I am a little drunk. I pick a girl up at the bar, I take her home, and I fuck her. Turns out she is 15. I was in an adult establishment when I met her, one that checks IDs at the door... so why would I think she was underage?

If this was "meetnicepeople.com" there might be some leeway, but this is "sexsearch.com", and just like "adultfriendfinder.com", it is easy to consider that this is an adults only area. If they are saying that they don't screen people for age, then they are potentially guilty of encouraging people to have sex with minors...

It's an interesting situation.

[baddog]

Originally Posted by Spoff

I completely agree. If they get a jury trial it could go either way.

precedent can't be set in a lower court

[Pleasurepays]

Originally Posted by RawAlex

My feeling is that legally, this has some legs.

i agree that he has an argument. i just really doubt that a jury is going to agree in a criminal case that the dirty old man really didn't know he was screwing a 14 year old.. who of course, will be sitting there in pig tails and a cute little dress weeping while holding a teddy bear.

i can definately see him winning damages in a civil suit though... that will probably really shake up the industry. it will be interesting... i welcome it. nothing wrong with cleaning up how people operate in my opinion... since the industry has always refused to do it themselves. its much better to have a civil suit result in changes in how people operate than new legislation imho.

[yota71]

Did Sex Search reach through the computer and help him stick his cock in her too?

This will be a good one to watch unfold.

[notabook]

Originally Posted by yota71

Did Sex Search reach through the computer and help him stick his cock in her too?

This will be a good one to watch unfold.

That's one fucked up mental image.

[Pleasurepays]

Originally Posted by RawAlex

Other example.... I go to a bar, I am a little drunk. I pick a girl up at the bar, I take her home, and I fuck her. Turns out she is 15. I was in an adult establishment when I met her, one that checks IDs at the door... so why would I think she was underage?

that gets tried all the time i believe. statutory rape is considered whats called a "strict liability offense" in most states (yeah, i looked it up to make sure - so its not off the top of my head. i did know that there was a term to describe it)... which basically means you at fault under ANY circumstances.


an explanation here:
http://en.wikipedia.org/wiki/Strict_liability_(criminal)

i see from reading that it varies from state to state but i can't quickly find Ohios laws

[RawAlex]

Originally Posted by yota71

Did Sex Search reach through the computer and help him stick his cock in her too?

This will be a good one to watch unfold.

They don't have to. Check the front page of their site. "real people real sex, adult personals". Those three statements are enough to make me think that everyone on the site is an adult.

You must be eighteen or over to register as a member of SexSearch or use the Website. Membership in SexSearch is intended for adult use only and is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Based on the terms and conditions, I would also feel that everyone on the site is an adult. I have no reason, no indication that there would be minors on the site. I would assume that everyone I meet on the site is an adult (in the same manner that I assume everyone I meet in a licensed bar is of legal age). In essence, sexsearch would appear to have taken the responsiblity to do that for me (which is one of the selling points of such a service, they have filtered out minors and people pretending to be women).

This will be interesting.

[RawAlex]

Not the complete answer, but one ohio code (maybe repealed? hard to follow )

(A) No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, ehen the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.

I added the bold. The word "knows" is in there, and that sounds like it wouldn't match up to a strict liability view of the world.

However, that is the sideline to the bigger circus... the one sexsearch is getting dragged into.

[yota71]

Originally Posted by RawAlex

They don't have to. Check the front page of their site. "real people real sex, adult personals". Those three statements are enough to make me think that everyone on the site is an adult.



Based on the terms and conditions, I would also feel that everyone on the site is an adult. I have no reason, no indication that there would be minors on the site. I would assume that everyone I meet on the site is an adult (in the same manner that I assume everyone I meet in a licensed bar is of legal age). In essence, sexsearch would appear to have taken the responsiblity to do that for me (which is one of the selling points of such a service, they have filtered out minors and people pretending to be women).

This will be interesting.

Good point but the question is where will the court deside that Sex search's
responsibility ends and his begins.

If i catch herpes from a chick I met on their site can I sew for medical?

[spacedog]

For all we know, the fucking pedo is probably making it all up to save his own ass.. Could be an elaborate scheme of lies in an attempt to beat a rap.

[notabook]

Originally Posted by spacedog

For all we know, the fucking pedo is probably making it all up to save his own ass.. Could be an elaborate scheme of lies in an attempt to beat a rap.

He didn't meet her on myspace, he met her on sexsearch.

[EBORG9]

Originally Posted by RawAlex

Other example.... I go to a bar, I am a little drunk. I pick a girl up at the bar, I take her home, and I fuck her. Turns out she is 15. I was in an adult establishment when I met her, one that checks IDs at the door... so why would I think she was underage?

If this was "meetnicepeople.com" there might be some leeway, but this is "sexsearch.com", and just like "adultfriendfinder.com", it is easy to consider that this is an adults only area. If they are saying that they don't screen people for age, then they are potentially guilty of encouraging people to have sex with minors...

It's an interesting situation.

That's the same thing that happened to Rob Lowe. He picked up a girl at a nightclub, (where you have to be 21 to even be in there) and the girl was not of age.
I don't consider that his fault. The minor purposely committed the deception.

The same thing happened to me in FLA. I met a girl after work, at an after hours place for service industry. I was 22 at the time. Turns out she was 19, and there was no legal problem, but the fact that she was in a private club, that was 21 and over at 4am, would give me every reason to believe that she was supposed to be there.

[Gregory Black]

nice way to make money

[TG Rebecca]

wow, i used to live there! wonder if i knew the guy haha

[Phoenix]

what a fuckin moron...lol

wait what country is this guy from? ;)

SS will be fine...they are not responsible for the actions of morons who cant figure out that someone is that young...i cant even talk to 22 year old girls without getting annoyed...how you can visit a minor and not pick up on it is beyond me

[pornguy]

Where the fuck were her parents????? 14 fucking years old, and she is able to create and maintain that profile, and then fucks the guy in her home????


WHERE WERE THE PARENTS and WHY THE FUCK ARE THEY NOT BEING CHARGED WITH CHILD NEGLECT!

[GITZINGER]

did I miss something? why are playboy, club jenna and jenna jameson named as defendants?

[AK]

Originally Posted by Jon Clark

You are suposed to ID women before you stick your cock in them

Or.... asked her to sign the release form??

[seeric]

I would blame it on Stand Up Guy personally.

[ElvisManson]

Originally Posted by RawAlex

Not the complete answer, but one ohio code (maybe repealed? hard to follow )



I added the bold. The word "knows" is in there, and that sounds like it wouldn't match up to a strict liability view of the world.

However, that is the sideline to the bigger circus... the one sexsearch is getting dragged into.

Ohio is one of 18 US jurisdictions that are considered "hybrid" because the employ both Strict Liability and Limited mens rea defense.

The limited defense is age based as you mentioned.

[Tom_PM]

So lets see. If a person picks up an underage other person in a shopping mall, you sue the mall and every store, plus every other property that they own. Duh.

[Gerco]

Originally Posted by pornguy

Where the fuck were her parents????? 14 fucking years old, and she is able to create and maintain that profile, and then fucks the guy in her home????


WHERE WERE THE PARENTS and WHY THE FUCK ARE THEY NOT BEING CHARGED WITH CHILD NEGLECT!

FUCKING BINGO! Finally someone with common sence. Where are the parents here? Not that same but let me tell you, I had a issues with local kids kids screwing with my dog. Talked to the police about it and guess what, they wanted to file criminal trespassing charges ON THE PARENTS. These kids are 13 and 16. The local police said flat out that the parents are responsible for the actions of those kids till they are 18. Simple as that. Well, guess what, THAT finally put an end to my problems. I live in Kentucy, right across the river from Ohio. It more than time for parents to start taking a little of the blame. I say a little because I (without knowing any of the real facts in this case) STILL believe that there is no way that a 14 girl is going to fool some older guy into fucking her and him truely not figuring out that she's underage. I'm sure he would have continued and had his fun if he had not been "Caught".
And, on top of that, YES we do need to have a better system in place to verify adults, who has the solution? They (sexsearch) have a disclamer. They seem to actually try... what more is there? If credits cards are not enough, if all the disclaimers in the world are not enough, then what is? This is another perfect example of why the .kids tld would be a great idea. Limit ALL computers that have any sort of access to the net and are used by anyone under 18 to .kids. Solve the issues perminatly.

[Tom_PM]

Maybe they'll counter sue and argue that it was neglect, which it clearly is. Surely the fine people of Ohio would agree that if parents are neglecting their children and allowing them to have sex in their home, they should be removed from society?

[Deej]

Funny how the parents arent mentioned one bit in this case.

It begins with them... apparently the little 'hussie' was given a computer and apparent;y given a credit card for use, they could take the few moments to protect their child that they so deeply care about from things like this.

This guy is an idiot...for both not seeing the child in her, I dont care what a girl looks like at 14, but no 14 year old will act like a mature woman, no matter how hard they try.

She is to blame more than this guy. I will not comment on this one though ... they might sue me...

Sexsearch is the least at fault here...

lawsuits these days are out of control...too many stupid lawyers

[Mr Steele]

Rapist spared jail as judge agrees girl, 10, looked older

[EBORG9]

He had sex with her, at her home?
Wouldn't you walk into a 14 year olds bedroom, and immediately know something was up when you saw the Justin Timberlake Poster on the wall?
Isn't there enough evidence in the home of a teenager to suggest something may be awry?
Family photos?
Stuffed Animals?

I mean come on, out at the club, I can see how you can be duped, but once you walk into someones home the signs are all around. Even if she looked young, but it was possible...once you see how she lives. You can tell.

So let's just say, she went as far as to hide all the pictures, and use her parents bedroom. The evidence of a couple or family living there is still hard to hide.
The stuff in the fridge, the bathrooms.

I'm not saying this guy couldn't have been duped, but at the home....just way too may signs there that he may have chosen to ignore.
JMO

[CaptainHowdy]

That's fucked up !!

[baddog]

Originally Posted by Mr Steele

Rapist spared jail as judge agrees girl, 10, looked older

your point?

[Mr Steele]

no point, just fucked up, and somewhat related to this thread....
waiting for the trifecta, i'll bet there's a facebook story right around the corner...lol

[GatorB]

Originally Posted by spacedog

For all we know, the fucking pedo is probably making it all up to save his own ass.. Could be an elaborate scheme of lies in an attempt to beat a rap.

The article said her parents took down the profile. How can her parents take down a profile if it was just made up by this guy? It's easy enough to se if this girl had profile on sexsearch at some point or not. If she did then sexsearch is going to be in trouble of some sorts.

for those that think this guy can't win rememebr some woman got $1 million for McDonald's because they failed to tell her that coffee may be HOT.

[Z]

The last people to blame here are the website owners.

1. The Pedophile
2. The Parents
3. The Puta (The whore slinging her ass around at 14, though I'm sure that falls back on #2)

The blaring lack of personal responsibility in American culture and the resulting litigious barrage of bullshit is what's brought it to it's current state of swirling the toilet bowl. You reap what you sow.