Legal recourse possible in Duke mock sex thesis case

Thirteen Duke University male athletes could have legal recourse after their names and photos went viral on the Internet as part of a mock senior thesis by a woman who described her purported sexual experiences with each of them.

Jonathan Ezor, director of the Institute for Business, Law & Technology at Touro Law School, said Friday that civil suits charging intentional infliction of emotional distress could be filed by the men against whoever posted the mock thesis online.

The possibility of legal action would depend on circumstances and North Carolina law, Ezor said.

The woman who created the 42-page mock thesis, a recent Duke graduate, sent the document as a PowerPoint presentation to a few friends, but it soon spread - appearing on websites, blogs and Twitter. Some websites have deleted the men's names.

Of the woman, Ezor said, "If the stories she's telling are true, there's less legal exposure" for a lawsuit against her, noting it is probable she did not sign confidentiality contracts with the men.

The woman also could take similar legal action against whoever posted the presentation, he said.

Michael Schoenfeld, Duke's vice president for public affairs, said Friday: "We've been reaching out to those who've been affected by this incident and will continue to support them." Seven of the 13 athletes were on the university's lacrosse team.

This Internet scandal comes four years after three male lacrosse players at the Durham, N.C., college were falsely accused of raping a stripper at an off-campus party. The case, which drew national headlines, eventually was thrown out.

Ezor warned that use of the Internet might, in general, increase the scope of damages people can claim in lawsuits.

"If it goes on the Internet, it gets out faster and can go worldwide," he said. "It's gotten easier to do more damage quickly."