If I attended one of these sleazefests, and somebody pulled my pants down and I was filmed and it ended up on a DVD, I would sue them until they couldn't walk in a straight line, burn their bus and salt their fields.
If you get interviewed by the local news for a basic man-on-the-street question, and they decide to broadcast your social security number, banking information and passwords, and display hundreds of private emails they get from a third-party who hacked into your computer, wouldn't you be mad? Does giving consent to answer the question "what do you think of the Red Sox bullpen?" mean they can invade your privacy beyond any reasonable expectation?
Consent to be filmed != consent to be filmed topless.
I am male. If I attended one of these sleazefests, and somebody pulled my pants down and I was filmed and it ended up on a DVD, I would sue them until they couldn't walk in a straight line, burn their bus and salt their fields.
The woman, identified in court files as Jane Doe, was 20 when she went to the former Rum Jungle bar in May 2004 and was filmed by a "Girls Gone Wild" video photographer. Now married, the mother of two girls and living in the St. Charles area, Doe sued in 2008 after a friend of her husband's reported that she was in one of the videos.
(3) the term "serious bodily injury" means bodily injury which involves:
(A) a substantial risk of death;
(B) extreme physical pain;
(C) protracted and obvious disfigurement; or
(D) protracted loss or impairment of the function of a bodily
1. The Intentional
3. Touching of another
4. Absent any right or privilege
This morning I talked to GGW's attorney, David Dalton of St. Peters, who pretty much confirmed the line of questioning above. He added that Jane Doe never contacted police about her alleged assault or never prosecuted the woman (whose identity she knows) who pulled down her top. What's more, the jury could have awarded Jane Doe any amount of compensation from one dollar to $5 million. But in the end, they agreed not to award her one cent.
"Because the jury did not find her credible," says Dalton.
Today I also had a lengthy conversation with Jane Doe's attorney, Steve Evans.
Evans tells me that Jane Doe's image actually appears on four of Girls Gone Wild's "Sorority Girl Orgy" series, but it's only on one of the DVDs that her top is pulled down. He believes the jury -- which was comprised of seven women and five men -- got it wrong when it ruled that Jane Doe gave Mantra Films (owners of Girls Gone Wild) implied consent to use her image.
"When the someone at Mantra decided to put her in the DVD, that's when the violation of privacy occurred," says Evans. "Our client's position is she was having fun dancing at a club, and someone pulled her top off. Even though something like that doesn't happen on regular basis, it didn't cause her alarm to call police. What caused alarm was finding it on DVD later."
I've now watched the video (you can find copies of it floating around the Internet), and would like to present the facts as I imagine the defense attorney for GGW did last week to the St. Louis jury:
1. Did Jane Doe appear dancing in a nightclub at approximately the 17:49 minute mark of Girls Gone Wild: Sorority Girl Orgy? Yes.
2. When confronted by the camera, did Jane Doe playfully lower her chest (revealing her cleavage), grab hold of her boobs and jiggle her bosom in the direction of the camera? Yes.
3. Did she then mouth the words: "I can't." Yes.
4. Did Jane Doe then turn to the camera again, grab her breasts once more and again jiggle them? Yes.
5. Did Jane Doe then turn a third time to the camera and pull down her tank top, revealing more of her breasts? Yes.
6. Did at around that same moment another woman appear in the video and place her hands near the top of Jane Doe's tank-top? Yes.
7. Did the hands pull the tank top down revealing Jane Doe's nipples for approximately two seconds? Yes.
8. Did Jane Doe then turn to her friends and laugh following the incident? Yes.
9. Did Jane Doe's entire appearance in the film last less than 20 seconds? Yes.
10. Based on Jane Doe's appearance in the film, do you think she was wronged to the tune of $5 million? No.
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