Steven Tyler's Teen Assault Defense Is 'F-cking Insane,' Legal Experts Say Three months after being sued for sexual assault of a minor, the singer's responses included that the girl suing him consented, and he had immunity as her guardian. Story:
Whether or not Tyler and his team intended for the immunity claim to specifically insinuate that his position as a defendant protects him from sexual misconduct isn’t clear. Dave Ring, a Los Angeles attorney who often represents children and adults in sexual misconduct cases, noted that the immunity claim itself is baffling, but he notes that a defendant giving wide-ranging defensive responses is common at the beginning of a civil suit — particularly when they are establishing their case.
Crumiller similarly acknowledges this, but she describes Tyler’s response as “particularly egregious” given the way the answers could be interpreted. “It’s very sloppy and lazy to just set out this laundry list of boilerplate defenses, so many of which very clearly do not apply,” she says. “I think if the plaintiff wanted to file a motion to dismiss these defenses, they would win.”
“The original complaint includes three claims; sexual battery, assault and emotional distress,” Crumiller continues. “You don’t have to tie which facts correspond to which claims very cleanly — you could argue immunity could apply to intentional emotional distress — but even with that claim there’s no immunity. There’s no legal basis, I’m baffled.”
Katherine Atkinson, an attorney who specializes in discrimination and sexual misconduct, also says she was “mystified” by Tyler’s response. She cited California’s Civil Code, which specifically states that consent cannot be a defense in a civil action if the person who committed the alleged sexual battery is “an adult who is in a position of authority over the minor.” The code lists caretakers among those with authority over minors.
“I would describe the response as irregular particularly in California, where [the] law explicitly provides the opposite claim. Why would you ever say that being a guardian is a defense when you have this unique law that says you’re a position of authority which blocks consent? If anything, I’d be arguing the opposite, that even though she was a minor, he was in no position of authority so she could consent. I don’t know why they’re arguing this.
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