Mother And Daughter Still Blame MySpace For Not Protecting Her From Sexual Assault

from the go-after-the-money dept

Two and a half years ago, we wrote about a teenager who sued MySpace following a sexual assault, saying that it was the site's fault that she was assaulted. This despite the fact that she had signed up for the site, lied about her age and the actual assault (obviously) happened outside of MySpace. That's not to say that a crime didn't happen, but it's quite difficult to see how it could possibly be MySpace's fault. In fact, a judge made exactly that point in dismissing the lawsuit last year, noting that MySpace was protected under section 230 safe harbors, and even if it wasn't, it would "cripple" 3rd party communication systems if you could attach liability to them for every crime committed that touched on those services. The judge also pointed out that this seemed like a clear case of a parent trying to blame a big company for her own failings: "If anyone had a duty to protect Julie Doe, it was her parents, not MySpace."

Of course, that's not good enough for the girl and her mother, who have now appealed the case, still claiming that MySpace somehow is responsible. The girl's lawyers claim that MySpace still had a responsibility to protect the girl, even though he doesn't explain how it can protect a girl who lied about her age and then went off to meet with a much older guy in real life. It's difficult to see how that can possibly be MySpace's fault -- but the rule of thumb these days is always sue the big company that has the most money. As for the older guy accused of the sexual assault, he's been indicted, but last we heard, his lawyers were also thinking about blaming MySpace. After all, if the girl is blaming MySpace, then how could it be the guy's fault?

Filed Under: blame, safe harbors, sexual assault
Companies: myspace, news corp

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  1. identicon
    Annonymous Predator, 1 Apr 2008 @ 11:50pm

    Re: Re: Education and Integrity

    I bet your computer was not safely out of the way - like in YOUR bedroom... I was a field tech for Dell, IBM, HP/Compaq... Do you have ANY idea how many kids computers I fixed and ALWAYS the computer was in the KIDS OWN BEDROOM! AWAY FROM PRYING PARENTS EYES!!!

    Do you know how many SUGGESTIVE pictures I've found by these UNDER AGE KIDS - on their computer! The sickest things that I had seen were 13 year olds... In bikini or undies - lounging in back yards, beaches, the pool, THEIR OWN BED... And they had this on their computer - AND ONLINE!!! It wasn't for fun because these little girls (mentally) think they are ready to play big girl games... Worse still they WANT the older man... They know about "Experience"... Maybe they don't know what that means - but they want it! They KNOW - that a man is not going to go after them (Provided the man is not a sicko)... But they want to show off the "Lee Press-on bodies" that MOST girls are developing these days! So what's the big deal in saying that they are older than they actually are... PARENTS WONT DO ANYTHING TO THEM!

    Ok - It's impossible to know what your kids are doing all the time... Get the computer out in the open... Put it in YOUR ROOM! Put it where it would be difficult for them to work up the nerve to do something they are not supposed to... F*CK their privacy!!! MY HOUSE - MY FOOD - MY CLOTHES!!! WANT TO BE STUPID AND TAKE IT FURTHER - OK - NO COMPUTER - FOR YOU! END OF STORY!!!

    I believe that if parents were forced to face the charges of neglect, corruption, etc., in lieu of caring for THEIR KIDS... Things would be different... You would find a way to watch your kid - and keep your kid out of trouble... A "Predator" WOULD NOT BE ABLE TO REACH THEM!

    Don't get me wrong - there ARE Predators out there... But not all Sexual offenders are predators. And if you make it a point to go on your son/daughters account (ON THE COMPUTER) and look through their pictures... Check their online profile - MAKE SURE THE AGE IS RIGHT! MAKE SURE IT IS SET TO PRIVATE! MAKE SURE WHO ARE HIS/HER FRIENDS! FOR GOD SAKE... GET THE FRIGGIN COMPUTER OUT OF THEIR DAMN ROOM!!!

    Then I DOUBT sincerely - that anyone here reading this would be trying to sue MySpace - or others - for FAILING to protect - YOUR CHILD!

    As for knowing 24/7 what they are doing... Let's see - about 8 hours out of EACH DAY - they should be SLEEPING!!! IF THE COMPUTER WERE NOT IN THEIR ROOM - THIS WOULD BE A NON-ISSUE! THUS, giving them - LESS TIME - to become a "VICTIM"

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