SexSearch Attorneys Ask Court to Dismiss Ohio Case

TOLEDO, Ohio — Attorneys defending SexSearch.com and its partnering companies on Friday asked a federal judge to dismiss claims that the social-networking site neglected its duty to filter out participation with minors.

In the latest court filing, SexSearch counsel said that the plaintiff is attempting to sidestep the full text of its Terms and Conditions, including the company’s warning for minors to stay off the site.

“Plaintiff cobbled his claims together by pulling sound bites out of context from those documents to support his protestations that he is not at fault for engaging in unlawful sex with a minor,” SexSearch attorneys said in the filing.

Filed in U.S. District Court in Toledo, Ohio, the suit 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.

The case centers around an adult male who 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 man, whose age has not been revealed, could face up to 15 years in prison, but his criminal trial 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.” Friday’s filing emphasized that the plaintiff’s opposition to arguments of SexSearch’s age-verification system is “so devoid of analysis that it is a tacit admission that dismissal is warranted.”

“No matter what, plaintiff cannot overcome the causation hurdle: his decision to have sex with Jane Roe was the supervening and intervening cause of his damages and not any act by the SexSearch.com site,” the filing said.

The suit’s long list of defendants include some well-known adult industry brand names in addition to SexSearch, including 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.

Claims against Playboy, Jenna Jameson and Club Jenna — once named as defendants in the suit — have been dismissed.

SexSearch attorneys in Friday’s filing said that the case has already gone on long enough and are asking the court to drop it.

“Plaintiff has had his due process, and his meritless case should be dismissed now to ensure that Congress’ and the Ohio Legislature’s goals are met to immunize publishers from tort claims based on published content,” SexSearch attorneys said. “The complaint fails to state a claim and should be dismissed with prejudice and without leave to amend.”

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Braindance Unveils '6DOF' VR Tech

Interactive virtual reality platform Braindance has debuted its new Six Degrees of Freedom (6DOF) VR technology.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

AEBN Publishes Popular Seraches by Country for September, October

AEBN has released its list of popular searches from its straight and gay theaters in all 50 states and the District of Columbia.

Avery Jane Featured on 'Adult Time Podcast'

Avery Jane is the latest guest on the “Adult Time Podcast,” hosted by studio CCO Bree Mills.

FSC: Kansas Law Firm Threatens Adult Site Over Age Verification

The Free Speech Coalition (FSC) has been notified that Kansas law firm Mann Wyatt Tanksley has sent a letter threatening an adult website with a lawsuit for breaking the state's age verification law.

10th Circuit Rejects Final FSC Appeal in Utah AV Case

The United States Court of Appeals for the 10th Circuit on Monday rejected a motion by Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Trump Nominates Project 2025 Contributor, Section 230 Foe to Chair FCC

President-elect Donald Trump has nominated, as his pick to head the Federal Communications Commission, Brendan Carr — an author of Project 2025 who has called for gutting Section 230 protections.

Streamate's Elevate Partners With Miss Mei on Decriminalization Initiative

Streamate’s Elevate initiative is debuting a November collaboration with creator and community advocate Miss Mei that will highlight the modern criminalization of sex work.

Show More