Legal Question in Criminal Law in California

A 'friend' of mine filmed himself having sex with me while I was black out drunk and has been blackmailing/extorting money from me for almost three years because of it. I am only 23. I have developed intense general anxiety disorder since then and am really nothing like the girl I was three years ago as the level of stress has taken tolls on my health, psychological state, and all relationships. I can prove that he has received close to $5k in the past couple years and have saved threatening conversations. Can I sue him for date rape as well as for psychological damages in addition to the amount that I would need to recoup legal fees and be reimbursed for the blackmail? Also, I have copy of a conversation (and paypal transaction) where he agreed to sell me all rights to the footage as well as the only copy of the tape for a fee plus s&h. He never sent it and now claims he has posted it on the internet, an act that I have worked so hard for years to avoid. Please help!


Asked on 7/27/09, 5:30 pm

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

I'm sorry you have gone through all this. What he did was criminal. The video itself is strong evidence that you didn't consent to that sex, so in my opinion is was rape. Yes, you can be compensated for that rape and for the mental cruelty he has inflicted since then with his threats and blackmail. The real question is whether he has anything to take even if you get a judgment against him. I do handle sexual assault lawsuits and would give you a free consultation if you wish to call me at 415 233-0605.

By the way, he can still be prosecuted for that rape, as the statute of limitations is six years for that crime.

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Answered on 7/27/09, 5:47 pm


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