Woman loses lawsuit over "Girls Gone Wild" video.

[Tiberius]

The way I see it the crew of GGW was definitely in the wrong. If they cannot produce a consent form for use of this girls footage, they should have excluded that footage from the DVD or make her unrecognizable (blur it out). The girl would have won this case easily if she had lived in our country.

As I suspect she would in the UK too.

[Scented Nectar]

The issue of implied consent was strictly pertaining to the filming of it. Not to the top pulling itself. There are a number of ways that she probably did not have a legal leg to stand on. Below is some stuff that is just my own opinion/guesses/partial info based on the limited stuff I've had access to.

- She consented to the filming by entering the signed, cordoned off ggw area.

- Rather than being forced to show something she wasn't already showing like going from cleavage-only to nipples, she on her own showed part of the nipple, and the shirt pulling showed a bit more of the same body part. I'm thinking that may have added to questions about whether she did give nipple filming consent (not to be confused with shirt pulling consent).

- The jury was to only rule on the filming/distribution, not the assault. The assault was never dealt with. The woman was known to her, but she never pressed charges or even got angry at the time. This probably was used against her if she tried to claim any trauma resulting from a criminal act.

- The fact that she continued hamming it up for the camera and smiling a split second after does not look good for her. It makes it appear that she was ok with it being filmed and expected everything to carry on normally.

- It all boils down to whether she gave nipple filming permission. If the only nipple exposure was by assault, there might not have been any legal question, and she would have won.

[Minimalist]

Witness credibility is a difficult issue. When I was doing union work there were many cases I had to settle because I didn't dare put a complainant in front of an arbitrator for fear they would make asses of themselves on direct or cross examination.

Oddly, no matter how much preparation you give a witness a lot of them are like boxers. They hear the bell and promptly forget everything their trainers told them and lead with their chins.

[Dotard]

...you're a fucking asshat if you think...

That ruling is victim blaming bullshit.

I agree with the ruling, implied consent.

And you're a "fucking asshat" if your opinion differs from mine.

[Minimalist]

There are any number of people here who are naively assuming that trial outcomes are ONLY based on the letter of the law. There are far more human aspects to the issue.

Bottom line: This broad rubbed the jury the wrong way.

[Dotard]

Nope.

Bottom line: This broad was not credible.

I applaud the jury for seeing this woman, and her lawyer, for what she was. Someone who saw this as a way to use the legal system make a quick buck.
The jury was astute enough to see it and made a decision accordingly.

[Scented Nectar]

I agree that she was not credible. If she was really someone who thought immodesty and revealing stuff was embarrassing, then she would have been much much more ashamed of all the happy tit teasing (including partial nipple) she did herself rather than the split second of someone else doing it.

In fact, the split second of shirt pulling is the ONLY part where anyone who likes to slut-shame wouldn't be able to accuse her of anything 'bad'.

[Tiberius]

In response to Scented Nectar. I saw the video in question; and I didn't see her showing off her nipples at all. I saw her show off her cleavage. She was teasing the camera, sure. She moved as if she was going to remove her top, sure. The point is that she didn't.

I slowed down the video in question and took a screenshot of the maximum amount of breast she exposed:

   

After that point, she pulled her top up again. That was as far as she was willing to go, and she did not consent to anything other than that. She didn't expose her nipple; she didn't even expose that much of her breast.

[Minimalist]

Going back to the original news account in Adrian's OP, I find this line:

Now married, the mother of two girls and living in the St. Charles area, Doe sued in 2008 after a friend of her husband's reported that she was in one of the videos.

So she was embarrassed that this came out and tried to cash in on the deal. For whatever reason, the jury did not buy her story.

[Scented Nectar]

It's hard to see that thumbnail pic, and clicking it gave a save/open window rather than a webpage, so I took another look at the video. Here is a larger one of most self exposure I could find. Looking at it again as a still shot, it is kind of iffy as to whether there is nipple-circle showing. It is quite clear though that she was ok with a lot more than ordinary cleavage showing.