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| Rolling Stone Loses Defamation Case Over Rape Article | |
| (about 1 hour later) | |
| CHARLOTTESVILLE, Va. — A jury on Friday found Rolling Stone magazine liable in a defamation suit brought by a former dean at the University of Virginia involving a discredited 2014 article about a supposed gang rape at the university. | CHARLOTTESVILLE, Va. — A jury on Friday found Rolling Stone magazine liable in a defamation suit brought by a former dean at the University of Virginia involving a discredited 2014 article about a supposed gang rape at the university. |
| The suit was brought by Nicole P. Eramo, a former associate dean of students at the university, who said the Rolling Stone article depicted her as the “chief villain” of the story. | The suit was brought by Nicole P. Eramo, a former associate dean of students at the university, who said the Rolling Stone article depicted her as the “chief villain” of the story. |
| The jury found liability on the part of Rolling Stone; its parent company, Wenner Media; and the author of the article, Sabrina Rubin Erdely. Lawyers for Ms. Eramo argued that Rolling Stone and Ms. Erdely were reckless in their reporting and editing and that Ms. Erdely deliberately avoided following leads that could have disproved the story. | The jury found liability on the part of Rolling Stone; its parent company, Wenner Media; and the author of the article, Sabrina Rubin Erdely. Lawyers for Ms. Eramo argued that Rolling Stone and Ms. Erdely were reckless in their reporting and editing and that Ms. Erdely deliberately avoided following leads that could have disproved the story. |
| Ms. Eramo slumped into the arms of her lawyer, Libby Locke, as the clerk read the verdicts. | Ms. Eramo slumped into the arms of her lawyer, Libby Locke, as the clerk read the verdicts. |
| The 9,000-word article, titled “A Rape on Campus,” was published in November 2014 and helped start a national conversation about sexual assaults on campuses. But details of the article relied heavily on a single source, identified only as Jackie, who said she had been the victim of a gang rape at a fraternity party. | The 9,000-word article, titled “A Rape on Campus,” was published in November 2014 and helped start a national conversation about sexual assaults on campuses. But details of the article relied heavily on a single source, identified only as Jackie, who said she had been the victim of a gang rape at a fraternity party. |
| Rolling Stone soon commissioned a review of the article by the Columbia Graduate School of Journalism. The school’s report, released in April 2015, found that the magazine had failed to engage in “basic, even routine journalistic practice” to verify details Jackie had told it. The magazine then retracted the story. | Rolling Stone soon commissioned a review of the article by the Columbia Graduate School of Journalism. The school’s report, released in April 2015, found that the magazine had failed to engage in “basic, even routine journalistic practice” to verify details Jackie had told it. The magazine then retracted the story. |
| Nevertheless, in videotaped testimony shown during the trial, Jann S. Wenner, Rolling Stone’s founder and editor, said the magazine was wrong to retract the story fully. | Nevertheless, in videotaped testimony shown during the trial, Jann S. Wenner, Rolling Stone’s founder and editor, said the magazine was wrong to retract the story fully. |
| “We did everything reasonable, appropriate up to the highest standards of journalism to check on this thing,” Mr. Wenner said. “The one thing we didn’t do was confront Jackie’s accusers — the rapists.” | “We did everything reasonable, appropriate up to the highest standards of journalism to check on this thing,” Mr. Wenner said. “The one thing we didn’t do was confront Jackie’s accusers — the rapists.” |
| Referring to Jackie, Mr. Wenner said there was nothing a journalist could do “if someone is really determined to commit a fraud.” | Referring to Jackie, Mr. Wenner said there was nothing a journalist could do “if someone is really determined to commit a fraud.” |
| The jury found that assertions made within the article, as well as post-publication comments and news releases by Rolling Stone, were defamatory. | The jury found that assertions made within the article, as well as post-publication comments and news releases by Rolling Stone, were defamatory. |
| In a pretrial ruling, the judge determined that Ms. Eramo was a public figure. That ruling sets off the “actual malice” standard, which requires a plaintiff who is a public figure to prove that the publisher knew it had published falsehoods or acted in reckless disregard of its truth or falsity. | In a pretrial ruling, the judge determined that Ms. Eramo was a public figure. That ruling sets off the “actual malice” standard, which requires a plaintiff who is a public figure to prove that the publisher knew it had published falsehoods or acted in reckless disregard of its truth or falsity. |
| After the verdict, Rolling Stone released a statement that said in part: “In our desire to present this complicated issue from the perspective of a survivor, we overlooked reporting paths and made journalistic mistakes that we are committed to never making again. We deeply regret these missteps and sincerely apologize to anyone hurt by them, including Ms. Eramo.” | After the verdict, Rolling Stone released a statement that said in part: “In our desire to present this complicated issue from the perspective of a survivor, we overlooked reporting paths and made journalistic mistakes that we are committed to never making again. We deeply regret these missteps and sincerely apologize to anyone hurt by them, including Ms. Eramo.” |
| This was the first of two lawsuits that Rolling Stone faces over the article. The second, filed in a Virginia state court by the fraternity that was portrayed as the setting for the supposed rape, seeks $25 million in damages and has not yet gone to trial. | This was the first of two lawsuits that Rolling Stone faces over the article. The second, filed in a Virginia state court by the fraternity that was portrayed as the setting for the supposed rape, seeks $25 million in damages and has not yet gone to trial. |