A St. Louis Circuit Court jury decided against a woman who brought a lawsuit against the company responsible for a "Girls Gone Wild" video that she appeared in years ago without her knowledge. This woman claimed that she had not given consent to appear in the video.
A jury on Thursday rejected a young woman's claim that the producers of a "Girls Gone Wild" video damaged her reputation by showing her tank top being pulled down by another person in a Laclede's Landing bar.The defense's argument about the woman's consent is absurd and makes the fact that this woman lost this lawsuit extremely troubling. It is classic victim-blaming to claim that because a woman made the decision to be in a certain situation that she also made the decision to be sexually assaulted by a franchise that clearly has some messed up ideas about consent (like it not being necessary at all, or is ok if it includes pressure). It's shocking to me that this held up in court.
A St. Louis Circuit Court jury deliberated 90 minutes before ruling against the woman, 26, on the third day of the trial. 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.
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.And she knew she had not given any kind of acceptable consent to have her top pulled down or to appear in a video.
"Through her actions, she gave implied consent," O'Brien said. "She was really playing to the camera. She knew what she was doing."