Internet Sites and Statutory Rape

In Doe v SexSearch.com an Ohio case, the plaintiff a male was charged with felony statutory rape. The facts are that a minor posing to be a 18 year old in her profile on SexSearch.com’s website met the plaintiff online and later both met in person and had consensual sex. The plaintiff was then charged with statutory rape, for having sex with a 14 year old. Plaintiff sued SexSearch.com alleging that (1) Defendants failed to discuss that the minor (Jane Roe) lied about her age to join the website and (2) the terms of the contract to join the website were unconscionable.

The Judge held against the plaintiff on both the claims stating that the “plaintiff was not an unsuspecting customer and “he was aware the SexSearch.com membership registration process did not include an age verification procedure. Plaintiff specifically agreed to the Terms and Conditions which stated that SexSearch does not guarantee or verify any information provided by the user of the website and nothing outside of the Terms and Conditions creates warranties.”

The Judge held that section 230 of the Communication Decency Act “Interactive Computer Services” cannot be held responsible for publishing information provided to them by a member.

When the plaintiff met the minor in person he probably should have taken steps to verify her age, even if she appeared to be 18 years old, but when desire takes over good sense there is no holding back. Now the sad part is that even though the sex was consensual the adult is being held responsible and the minor goes scot free, which is totally unfair but who said that law is fair…