Friday, 4 April 2008

Sexual assault and ISPs' liability

Would be funny if not sad and serious. MySpace was sued by daughter and mum as being liable for sexual assault. Hard to see how in this case, for the daughter actually lied about her age and engage into correspondence with a much older man. This in criminal law terms translates itself in error on fact, which means that even the author of the assault may not be considered as having mens rea to commit the actus reus.
"Mother And Daughter Still Blame MySpace For Not Protecting Her From Sexual Assault" (1 April 2008)

Since then it has been dropped "MySpace Still Not Liable For Sexual Assault Between Two MySpace Users" (19 May 2008)

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