
LOS ANGELES — Rock band Buckcherry is being sued by a 16-year-old girl who says she was lured to a nightclub under the guise of appearing in a music video, but was coerced into drinking heavily and making a lesbian porn video.
The girl, identified as "Jane Doe" in a suit filed in Los Angeles Superior Court on Sept. 7, claims she suffered "embarrassment, humiliation, emotional distress, mental anguish and severe shock to her nervous system" because of the video's posting on the band's Web site and widespread Internet availability.
"You can imagine the panic this girl felt when this video started getting aired," her attorney Douglas Silverstein of Kesluk & Silverstein told the Los Angeles Times. "She's been called a lesbian at school. She's had to switch schools because of that video."
The teen's complaint includes allegations of sexual assault, sexual battery, sexual harassment, invasion of privacy, infliction of emotional distress and conspiracy. She is suing Buckcherry, Warner Music Group, Atlantic Recording Corp., and other individuals and companies involved in the production of the videos for more than $25,000.
The band and its label have since pulled the video off the Internet.
"To their credit ... they immediately took steps to prevent its further proliferation," another attorney for the girl, Brian Kesluk told CourtTVnews.com. "But the problem with the Internet is, once it's out, it's hard to put it back in the box."
Kesluk says Buckcherry used its MySpace fan site to invite women to a music video casting call at West Hollywood's Key Club last October for "Crazy Bitch," which became a hit song on the album "15."
The event turned into a drunken, pornographic free-for-all, according to Kesluk. The suit claims that the sexually explicit images featured in the resulting videos are only "the tip of the iceberg of what occurred during the production."
"The casting call on the Internet was for girls 18 and over, but the drinking age in California is over 21, and they were promoting the video by saying there would be free booze," Kesluk said, adding: "They were lining up shots of Jägermeister at 8 in the morning and continuing to pour for the next seven hours."
In her suit, the plaintiff claims she was urged to drink shot after shot of alcohol, to expose her breasts and to perform sex acts with another woman. She says she refused to take off her top. She claims other individuals were directed to "touch, grab, kiss and lick [her] and to make sexual advances that were unwelcome."Three videos for "Crazy Bitch" later surfaced on the Internet, according to the suit: A "clean" video, a "dirty" video and a "making of" video, in which the 16-year-old is seen introducing herself on camera and is then shown performing sexually explicit acts on another woman in a men's restroom.
"In the 'making of' video, Buckcherry band members are depicted saying, '[t]he more they drink the better it gets,' and '[i]t's like watching seven hours of porn and not jerking off,'" the suit says.
An attorney for the defendants told the Associated Press that a doorman checked identification, only allowing entrance to those 18 and over, that signs on the walls warned that minors were prohibited in the club, and that the plaintiff filled out a release waiver with false information. That lawyer, Skip Miller, was not immediately available for comment.
A manager for the band also said the girl misrepresented herself to the doorman.
"Our position is that she lied to get in, she showed fake ID, she signed a release that matched the fake birthday on her ID, and she needs to take responsibility for what she's done," said Katie McNeil. "She was there fraudulently, she was not targeted, and she came in of her own free will."
"As the band is becoming more popular they seem to be an easy target," McNeil added. "I just think this was a dash for cash on behalf of the girl and her parents."
But Kesluk said the girl was not carrying a fake ID, and claims she told the doorman she'd forgotten her wallet. "It's ridiculous to say that any girl would have an ID saying she was 18 when the drinking age is 21," he said.
In a SuicideGirls.com interview in January, lead singer Josh Todd said that "Crazy Bitch" had a powerful effect on their female fans at concerts.
"It does bring out some really crazy girls," Todd said. "They come up to you with psychotic eyes, they want to act out that song with you, and you know, it's just funny."
The song, an ode to a fan whose sexual prowess makes up for her mental instability, features such lyrics as: "Baby girl/You want it all/To be a star/You'll have to go down/Take it off/No need to talk/You're crazy/But I like the way you f--- me."
A "Crazy Bitch of the Month Contest" is featured on the band's site, Buckcherry.com, where contestants can post their photos and make a pitch for the eponymous honor.
"Crazy's always something I exceeded at. Just for shock value, I'd make out with girls, drink anyone under a table and in neon color faux, sheer tops," boasts "Crazy Bitch" hopeful "Nikki" in a recent posting.
Kesluk concedes that "minors have a tendency to be influenced and coerced and they make bad decisions," but he adds that this is why the law protects them from being exploited.
"Our client did what she did. She made a mistake but she has sustained a lot of damages," Kesluk says.
"Jane Doe" is being treated for depression at a special facility for girls who have been victims of violent crimes, according Kesluk.
The girl's attorneys say they are now looking for other women who were at the club and are trying to procure the behind-the-scenes footage.
Warner Music Group released a statement saying that the music video was produced before Buckcherry was signed to the Atlantic Label.
"We were distressed when we were notified that there was an underage performer in the video and acted immediately to remove the video from circulation. We take these issues seriously and we regret this happened," the statement said.
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