Judge Nixes Privacy Suit in Stapp Sex Tape Case

An invasion of privacy lawsuit filed by a woman who claims she participated in a sex video with Scott Stapp and Kid Rock was dismissed by a judge who said the woman cannot sue if she remains anonymous.

Miami-Dade Circuit Judge Gerald Hubbart on Wednesday 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.

The woman claimed in the lawsuit that she was the "star" of a group of women who appear in the video with Kid Rock and Stapp. The lawsuit sought to prevent sale of the video and unspecified damages. It named distributor World Wide Red Light District and Stapp as defendants, but not Kid Rock.

Stapp and Kid Rock have won a temporary court order in Michigan preventing World Wide from distributing it or promoting any part of the 1999 video, which the former Creed singer contends was stolen. 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 would be kept private and that she has already been stigmatized.

"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.