Man sues grindr for hooking him up with 13 y/o boy who pretended to be 18.

[marylander1940]

http://www.queerty.com/man-sues-grindr-for-negligently-hooking-him-up-with-13-year-old-boy-20140829?utm_source=Queerty+Subscribers&utm_campaign=f04fde1f38-20140829_Queerty_Newsletter&utm_medium=email&utm_term=0_221c27272a-f04fde1f38-428239205

[maninsoma]

Pretty lame defense. I could understand his defense if the minor was 17 years old, but I don't see how anyone could confuse a 13 year old and an 18 year old. Also not mentioned in queerty's article is that this guy was 52 at the time of his arrest. I understand finding twinky types attractive, but if you're so interested in young guys that even those who are barely past puberty interest you then you should start thinking with both heads and verify someone's age before proceeding to a sexual relationship. Attempting to put that responsibility on a phone app is silly.

[bigvalboy]

Well I'm not a lawyer, but is he saying that when the boy walked in, there was no clue that he might be as young as 13 years old? I say sue the friend. Damn, my nephew is 13.

[marylander1940]

Well I'm not a lawyer, but is he saying that when the boy walked in, there was no clue that he might be as young as 13 years old? I say sue the friend. Damn, my nephew is 13.

 

I would like to see a picture of that 13 y/o boy, I wonder if he shaved to look older. I can't imagine someone at that age even if he plays basketball passing as an 18 y/o young man.

To me now a days 50 is young...

[rvwnsd]

Well I'm not a lawyer, but is he saying that when the boy walked in, there was no clue that he might be as young as 13 years old? I say sue the friend. Damn, my nephew is 13.

 

+1. I don't get the attraction to very young men, let alone to an 18 year old. My nephew is almost 13 and there is no way the child could be confused for 18. This is very disturbing.

[+ purplekow]

I have seen teenagers that appear much older than their age but it is much more usual that they are female. WIth boys,

13 to 18 is a big discrepancy. The females usually have used makeup and a more mature hairstyle to try to make themselves appear older. Most teenage boys are not using makeup and hair to try to pass for older. Now if he was doing steroids he may be bulkier than the average 13 year old but it is still hard to believe that one would be totally oblivious to the idea that the boy is younger than stated age.

[marylander1940]

Let's see Bieber between 2008 and 2010, when he was 14 and 16 years old

 

http://images4.fanpop.com/image/photos/18000000/2008-2010-what-s-the-next-look-for-2011-He-still-looks-SEXIIII-3-justin-bieber-18098663-500-428.jpg

 

Justin Bieber in 2008, age 14

 

http://3219a2.medialib.glogster.com/media/02/02eb124a9267cf2688a31b124ab0f5868e1e663756b4ee3cbd7a91b38dedfc0e/jb-jpg.jpg

 

and now between 2008 and 2012, 14 to 18 years old.

 

http://www.starcentralmagazine.com/wp-content/uploads/2013/12/Justin-Bieber-BD155U5CIAAIenP.jpg

 

They grow up so fast but if you have doubts just ask for an ID.

[+ FreshFluff]

http://rs427.pbsrc.com/albums/pp356/miller9788/2732913731_d8136d24d2.jpg~320x480

[maninsoma]

The funny thing with the Bieber photos is that when he was 14 he in no way looked old enough to be legal. He still doesn't look old enough at 18 to be legal even though he obviously looks a little more mature than a few years earlier.

[justaguy]

Good Lord, another one. Can any one say personal responsibility? Am I so old that that concept is no longer relevant? If this defense works, maybe I should consider suing grindr if I don't get laid...because, obviously, the app didn't work right.

[marylander1940]

The funny thing with the Bieber photos is that when he was 14 he in no way looked old enough to be legal. He still doesn't look old enough at 18 to be legal even though he obviously looks a little more mature than a few years earlier.

 

Yes, that's the point I wanted to make. A "baby-faced" guy even at 20 may or may not look underage.

 

http://cdn01.cdn.justjaredjr.com/wp-content/uploads/pictures/2014/05/bieber-central/justin-bieber-shirtless-skateboarding-central-park-usher-01.jpg

[+ Funguy]

I need pictures - I want to see what this 13 y.o., advertising on Grindr, looks like. Sort of like, when you are on the highway, bumper-to-bumper, and there is an accident up ahead, albeit, cars already on the shoulder, I want to see BODIES, I want to see why everybody has to rubberneck at 2 mph and cause hours of delay looking at a dent.

[Cooper]

I find the statement by Grindr confusing:

 

In a motion to dismiss the case, Grindr claims it has no responsibility to Saponaro because he does not even allege that he is a member of the service (he holds that his adult friend was the one who arranged the encounter).

 

So, a friend went on Grindr, contacted the 13 yo, and arranged this meeting. If this is true, the man didn't actually communicate with the kid prior to meeting.

 

I agree with the others who questioned the looks of a 13 yo v. an 18 yo.

[marylander1940]

I find the statement by Grindr confusing:

 

In a motion to dismiss the case, Grindr claims it has no responsibility to Saponaro because he does not even allege that he is a member of the service (he holds that his adult friend was the one who arranged the encounter).

 

So, a friend went on Grindr, contacted the 13 yo, and arranged this meeting. If this is true, the man didn't actually communicate with the kid prior to meeting.

 

I agree with the others who questioned the looks of a 13 yo v. an 18 yo.

 

That's even worse because he met the kid and just assumed he was 18, the didn't even ask his age.

 

1 in 5 women get raped while serving in the Army, Navy and Air Force and so much money and attention will be dedicated to other cases of statutory rape between a boy girl who is 17 and a boy who's 18.

[Steven_Draker]

There was a third person involved in the encounter according to this article:

 

 

A New Jersey man is suing the gay hookup app Grindr in federal court, claiming the social media app has lax age restrictions, which he says allowed him to have an encounter with an underage boy, the New Jersey Law Journal reports.

 

William Saponaro Jr., of Cape May, N.J., faces criminal charges after meeting up with an under age boy. His lawsuit alleges he was invited to have sex with two other males on June 21, 2012, after they met each other on Grindr. But a week after the encounter, Saponaro found out that one of them was just 13.

 

Saponaro was arrested and charged with sexual assault and endangering the welfare of a child. He faces up to 20 year in prison, according to the newspaper.

 

Saponaro filed a suit against Grindr on June 19 in Cape May County Superior Court. Nearly a month later, the company's lawyers removed the case to Camden, N.J., federal court. On August 8, Grindr officials moved to dismiss the case for "failure to state a claim upon which relief can be granted," the New Jersey Law Journal writes.

 

The lawsuit states the teen was able to become a paying member of Grindr despite the app's rules that deny access to anyone under the age of 18 or 21 in states where 18 is not the age of consent. According to Saponaro, the other adult who was involved in the encounter told him he met the 13 year old on Grindr. Saponaro admits he did not verify the teen's age himself, saying he relied on the other adult's word and that the teen couldn't access Grindr if he was under 18.

 

Saponaro's suit claims Grindr was negligent for failing to ensure its members are of appropriate age. The suit also alleges the app's negligence was the proximate cause of Saponaro's arrest. Saponaro also claims negligent infliction of emotional distress and in the suit, he says he "reasonably believed [the minor] was 18 years or older."

 

He says he has not been able to attend his job at a construction business over his arrest. He claims he's taken a financial loss and is seeking damages and litigation costs.

 

Grindr argues it cannot control what information its users provide.

 

The New Jersey Law Journal writes:

 

The company's motion said there is no proximate cause between its alleged failure to detect an underage user and the plaintiff's criminal prosecution. Grindr also said the plaintiff's claim of negligent infliction of emotional distress fails because Saponaro does not allege that he is a member of the service and therefore the company has no duty of care toward him.

 

source: http://www.edgeonthenet.com/news/national/News/164160/nj_man_sues_grindr_over_encounter_with_underage_boy

[Cooper]

That's even worse because he met the kid and just assumed he was 18, the didn't even ask his age.

 

There's a lot of missing info in the article. It says the man learned the kid was 13 yo. 2 weeks after their encounter, so, who went to the cops?

 

As for Grindr, there's no mention if the kid had posted a pic or actually stated his age. If there is chat available, it might show if age was asked, however, I doubt it will help the man who is bringing the law suit.

 

There's a real problem here with age verification. For example, we all know that some teens look a lot older. How many of us would even think of asking for proof of age, especially if a person posts he's 21 but turns out he's 16.

[Frequentflier]

There's a lot of missing info in the article. It says the man learned the kid was 13 yo. 2 weeks after their encounter, so, who went to the cops?

 

As for Grindr, there's no mention if the kid had posted a pic or actually stated his age. If there is chat available, it might show if age was asked, however, I doubt it will help the man who is bringing the law suit.

 

There's a real problem here with age verification. For example, we all know that some teens look a lot older. How many of us would even think of asking for proof of age, especially if a person posts he's 21 but turns out he's 16.

 

If we ask and the person has a fake ID, how many of us could catch that? Is seeing a fake ID a valid defense? I'd worry it's not. Better to stay with guys who obviously look over 18. If I felt the need to ask for ID, I'd pass on the guy.

[+ Gar1eth]

If we ask and the person has a fake ID, how many of us could catch that? Is seeing a fake ID a valid defense? I'd worry it's not. Better to stay with guys who obviously look over 18. If I felt the need to ask for ID, I'd pass on the guy.

 

My understanding is that even if the person misrepresents their age, you are still guilty under the law even if the underage person 'consents' because they are not legally able to consent(if I'm wrong about this, please any legal people tell me). I keep remembering the Rob Lowe case from years ago. I don't remember all the details, but I will be looking it up after I finish posting this. But what I do remember from the newspapers was that the girl told him she was of legal age.

 

Gman

[Inkeddudefla]

This is gross. The pig knew the child was underage. I just don't get the mentality of these men and thire lust to be with children.

[+ quoththeraven]

My understanding is that even if the person misrepresents their age, you are still guilty under the law even if the underage person 'consents' because they are not legally able to consent(if I'm wrong about this, please any legal people tell me). I keep remembering the Rob Lowe case from years ago. I don't remember all the details, but I will be looking it up after I finish posting this. But what I do remember from the newspapers was that the girl told him she was of legal age.

 

Gman

 

As I recall, statutory rape is a strict liability offense, meaning intent and mental state don't matter, only the facts do. In other words, the adult is liable irrespective of what s/he believed (reasonably or otherwise) about the other party's age. Then again, statutory rape occurs far more often than it is charged.

 

There are other complications, like so-called Romeo and Juliet exemptions in most statutes for those who are close in age -- for example, if the age of consent is 16 and a 17 year-old has sex with a 15 year-old. Also, the age of consent in NJ is 16, not 18.