(St. Louis, Missouri) In 2004, a 20-year-old local woman went to a bar that was hosting a "Girls Gone Wild" party crew and ultimately she had her topless image captured on video.
Although the woman never gave consent for the use of her image, her exposed breasts can be seen on the "Girls Gone Wild Sorority Orgy" video distributed nationally.
Presently, the woman is 26, married with two children, and suffering embarrassment after her husband received a call from a friend reporting he saw his topless wife on a video. Stunned, the woman filed suit against the producers of "Girls Gone Wild" asking for $5 million in compensation for damage to her reputation.
On Thursday, the civil trial concluded in a St. Louis Circuit Court after 90 minutes of deliberation by the jury. The ruling was against the woman, identified in court documents as Jane Doe.
Lawyers on both sides argued the key issue was consent, with her side saying she absolutely refused to give it and the defense claiming she silently approved by taking part in the party.[…]One interesting take on the verdict is that the jury essentially ruled that "she had it coming."
"I am stunned that this company can get away with this," Doe said after the verdict. "Justice has not been served. I just don't understand. I gave no consent."
But Patrick O'Brien, the jury foreman, told a reporter later that an 11-member majority decided that Doe had in effect consented by being in the bar and dancing for the photographer. In a trial such as this one, agreement by nine of 12 jurors is enough for a verdict.
"Through her actions, she gave implied consent," O'Brien said. "She was really playing to the camera. She knew what she was doing."
Told of that reasoning, the tearful woman said, "I was having fun until my top was pulled off. And now this thing is out there for the world to see forever."
Implied consent, eh? Young ladies should be cautioned. There is no such thing as hanging with girls who go wild and not being one. And remember, licentious videos, like tattoos, never disappear. They'll be around for your grandchildren to see.
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