Birthday Suit: Case Against College Porn Site Hits a Snag

Birthday Suit: Case Against College Porn Site Hits a Snag
Screen grab: CollegeWildParties.com

About a year ago, Heather Kertesz of Boca Raton was the plaintiff in a suit against the operators of a website, collegewildparties.com (link NSFW), which she claimed published images of her on the night of her 21st birthday without consent.  A Palm Beach Post article about the case is here.

Now XBiz, a wire service for the adult entertainment industry, is reporting that Kertesz's case is crumbling after defense attorneys learned that she gained access to the video shoot by using a fake ID -- the driver's license of a friend.

The XBiz article quotes attorney Richard C. Wolfe:

"She used a fake ID to get into the CollegeWildParties taping, and we have evidence of it after she posted a Facebook item the day after the shoot."

Wolfe said that the Facebook post, as well as the revelations of a previous history of using fake IDs, have become a smoking gun.

"The Facebook post read, 'Now that I'm 21, watch out Mizner's (a local bar) -- no more fake ID,'" said Wolfe, who has asked the court to order Kertesz to post an appellate bond in the matter that would include defense attorneys fees.

So what, exactly, did the video capture the birthday girl doing?

After the video shoot, Kertesz's image, along with 15 others, was placed on CollegeWildParties.com. According to testimony, the image was on the site for about 30 days.

The online photos, Kertesz claims, include "her head and face seen smiling while viewing a male and female engaging in sodomy. Upon closer inspection however, it is apparent that plaintiff's head and face were cropped or 'photoshopped' from a separate image and strategically placed on the banner to appear as if she was watching the couple at the time it took place."


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