MIAMI -- An invasion of privacy lawsuit filed by a woman who claims she participated in a sex video with rock stars Scott Stapp and Kid Rock was dismissed by a judge today who said the woman cannot sue if she remains anonymous.
Miami-Dade Circuit Judge Gerald Hubbart told a lawyer for the woman, identified only as "Jane Doe" in court papers, that she could refile the lawsuit within 20 days if she is willing to have her real name included.
"There's no showing on why the claim should be allowed to proceed under a fictitious name," Hubbart said at a hearing.
The woman claimed in the lawsuit that she was the "star" of a group of women who appear in the video with Rock and Stapp, the former lead singer of the band Creed. The lawsuit sought to prevent sale of the video and an unspecified amount of damages. It named distributor World Wide Red Light District and Stapp as defendants, but not Rock.
Stapp, who contends the video made in 1999 was stolen, and Rock have won a temporary court order in Michigan preventing World Wide from distributing it or promoting any part of it. Red Light had previously shown a 40-second preview clip on its Web site.
World Wide lawyer Thomas Julin said the woman has no claim because "she's not a child, she's not abused. She can't claim invasion of privacy because this tape was made in the presence of others."
The woman's attorney, Dawn Ausenanger, said her client had been assured the tape -- made on a tour bus -- would be kept private and that she has already been stigmatized by the notoriety.
"She's not a celebrity. She's not a public figure. She was promised there would never be any intentional commercial use or profit made from the tape," Ausenanger said.
orlandosentinel
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