The Underager, The Sexual Offender and Myspace.com

[BlackDrop]

http://www.time.com/time/nation/arti...207043,00.html

A Countersuit in the MySpace Case?
A 14-year-old girl is suing the social networking site, where she met the man charged with sexually assaulting her. Now the man she says assaulted her may pursue his own legal case against MySpace

Posted Thursday, Jun. 22, 2006
It has been an unlikely legal wrangle from the start. First, a 14-year-old Austin, Texas, girl and her mother filed a $30 million lawsuit against MySpace.com, where the teenager claims she met a man who assaulted her. Now, the college student charged with the sexual assault also is considering suing the popular social networking site.

The defense attorney for Pete Solis, the 19-year-old Texas community college student charged with sexually assaulting the girl dubbed "Julie Doe" in her lawsuit, told TIME that if the Texas courts accept the premise that MySpace is liable because the two met there, then his client also has a claim, since the alleged victim falsely portrayed herself on the webiste as 15 years old.

"He's been, in effect, just as much a victim ***8212; if not more," says Adam Reposa, the attorney for Solis, who is facing up to 20 years in prison on charges of second degree felony sexual assault. Since the lawsuit against MySpace also names Solis as a defendant, Reposa said he will "cross-file" and also sue MySpace and its owner, News Corporation. "MySpace wasn't there when they went to Whataburger. MySpace wasn't there when they went to the movie and MySpace wasn't there when they climbed in the backseat," Reposa said. "Meeting on MySpace ***8212; if that alone is enough, then we can make the same claim for damages."

The young girl at the center of what could be a groundbreaking online liability suit was able to set up a MySpace listing in 2005 when she 13 years old, despite the website's rules prohibiting anyone under 14 creating a posting. Solis said the two exchanged e-mails for a month and then swapped cellphone numbers. They agreed to meet on a Friday in mid-May, went out for a hamburger, a movie and then drove to an Austin apartment complex parking lot, where the alleged assault took place.

The case against Solis has not been presented to a grand jury and Reposa is hoping to get the charges against his client reduced. Solis has admitted to police that he had sex with the girl, but he assumed she was older, according to Reposa. The girl's attorney, Adam Lowey , said his now 14-year-old client has suffered "horrific" harm because of Solis' actions and MySpace's "lax security policies."

Thougy MySpace has not commented specifically on the lawsuit, its security director, Hemanshu Nigam, a former federal prosecuctor, said this week the company "remains dedicated to a multi-pronged approach that also involves education and collaboration with law enforcement, teachers, parents and members." Even before the landmark suit was filed, the company had been criticized by several state attorneys general for its failure to put in place stricter verification procedures.

The debate over MySpace's culpability has been raging on local talk radio and blogs this week, with many Austin residents saying it is up to parents to monitor their children's Internet activities. Meanwhile, the company has announced new security policies that will kick in next week, limiting adult access to personal information for 14- and 15-year-olds; MySpace users who are 18 or over could no longer request to be on a 14- or 15-year-old's friends' list unless they already know either the youth's e-mail address or full name. But experts question whether social network sites can prevent posters from lying about their age. The proposed changes "are inadequate because they lack any age verification and leave the minimum age too low," said Connecticut Attorney General Richard Blumenthal. "They fail to raise the age threshold to 16 and take steps to verify age ***8212; as I and other attorneys general have repeatedly urged. They are a mirage of protection."

I haven't figured out who is more at fault:
The girl trying to sue because she thought she could go on a date with a "stranger" and not be taken advantage of - he bought her dinner and a movie for crying out loud.. (edit)I mean with all of the dateline stuff that has been going on. (/edit)

-or-

The guy - who actually believed he could meet a piece of tail "with no strings attached" (like a girl not lying about her age) - (edit)I mean with all of the dateline stuff that has been going on. (/edit)

-or-

Myspace for continuing to leave themselves always enough rope to hang themselves (In the guise of not coming up with -or at least trying - a better age verification program). (edit)It keeps happening! (/edit)

[TX3RN0BILL]

For them to try to sue Myspace.com... This is hilarious... I mean, MySpace.com could easily sue the Underager for using the service in the first place, since she did lie about her age... erm... doesn't do any good to the underager's image if she's sueing a company/service she shouldn't have been using in the first place...

To the under-ager: "Insert foot into mouth. Now."

[Hamma]

I blame the parents

[Mag-Mower]

Originally Posted by Hamma

I blame the parents

I second that. If the parents actually cared about what their kids did on the interwebs, we wouldnt have this problem.

[LimpBIT]

Originally Posted by Mag-Mower

I second that. If the parents actually cared about what their kids did on the interwebs, we wouldnt have this problem.

yep yep, I also agree with that

[Setari]

Well, wait a minute, she was willingly talking to him, and consented to meet someone she met over the internet. Case thrown out, court adjourned.

Ok I tried to find all relevant material, just because I'm bored:

Originally Posted by The ToS

-By using the MySpace Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the MySpace Services does not violate any applicable law or regulation.

-Member Disputes. You are solely responsible for your interactions with other MySpace.com Members.

-Under no circumstances shall MySpace.com be responsible for any loss or damage, including personal injury or death, resulting from use of the MySpace Services, attendance at a MySpace.com event, from any Content posted on or through the MySpace Services, or from the conduct of any Users of the MySpace Services, whether online or offline.

-Limitation on Liability. IN NO EVENT SHALL MYSPACE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MYSPACE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

[Derfud]

I don't believe that it is possible to press charges on someone who is underage. Also, since every state has different laws concerning age/consent, it would be silly to have myspace follow that kind of suit.

[Peacemaker]

Fuckin morons, all of them

[Setari]

By now, one would hope that Myspace would have a non-liability clause (< me trying to sound like a lawyer) in their ToS.

[I Hate Pants]

Did any of you guys catch that thing they did on NBC news where they luewred (spell check) internet pedophiles into a home where they thought a under age girl was all alone but it turned out to be the news anchor instead, and the pedophiles were all like "Awww shit!"

EDIT: Found one video of one of the pedophiles getting caught in the trap,

http://youtube.com/watch?v=UHiVX7_-y...t%20pedophiles

funny and fucked up at the same time.

[Mag-Mower]

I must say that guy was fucking owned. PWNED.

[Peacemaker]

I saw one news crew did a sting in Cali.... they caught like 40 Pedos.

[Ait'al]

Well it is a social network. And if your not adept at social functions... I guess the internet is no longer the place for that sort of social structured self ordered sort of thing. 8( It was nice when that was atleast a semi realistic possibility.