Legal Question in Criminal Law in California
video taped unaware
I had an affair with a man who video taped us haveing sex without my knowledge. I found out from a friend who saw the tape at a party. Apparently ha gave some of his friends copies. Is there anything I can do?
5 Answers from Attorneys
Re: video taped unaware
Dear Victim:
There are many unanswered questions here that may well determine your choice of remedies. If, for example, you are very, very attractive (or, on the other hand extremely different--a midget or grossly obese--or have some other, non ordinary feature), the emotional distress inflicted upon you could be tremendous. Or, he may be have been privy to very personal info about you (i.e., a very recent break-up or divorce), which would cause you even more distress than the ordinary woman. Consider his profession, as well (if relevant): if a lawyer, a doctor or other professional, he would be in deep trouble as this would probably not go over well with the profession's regulatory agency.
If he is just another "loser" perhaps a "stiff letter" (no pun intended)threatening him with a lawsuit for invasion of privacy may well do the trick.
You must first decide whether you want damages (i.e., money, asuming he has same), or, just to stop the dissemination of the video (i.e., t.r.o. and injunction), or both. This largely depends on many personal facts about you and him that can only be gleaned from a personal interview, either telephonic or, preferably, in person. Your job/profession is also very important, obviously.
I do not do this type of law, but know it rather well (I usually represent the guy that does what this man did to you). However, I can certainly assist you in determining what kind of remedy best suits you and can refer you to a proper lawyer if the remedy is one for legal sanctions/damages/injunction.
Joseph Shemaria, Esq.
800-898-9555
Los Angeles, CA
www.CriminalDefenseLawyers.com
Re: video taped unaware
Video taping you without your knowledge, or consent has committed a criminal act. Contact the police and report his conduct. It is probable that criminal charges will be filed against him. It may also be that he has done the same to others. Reporting this conduct would then be a favor to others. It certainly will not cost you anything to make the report.
Re: video taped unaware
You can sue him for invasion of privacy and you can seek an injunction barring him from showing the tape to anyone. This may cost more than you will be able to collect from him -- especially if he has only modest means -- but the cost may be worth it for the peace of mind. After all, there's no way to know how widely he will distribute the tape if he isn't stopped.
Good luck!
Re: video taped unaware
If he won't stop voluntarily and with a believable guarantee, then a lawsuit and a restraining order come to mind. IF he has enough assets to pay a settlement or judgment, you could be ok financially doing this. IF he is judgment proof [poor / broke], you will have to do it on principle - preventing further damage to your reputation - and pay the price of doing so. Contact me if interested in doing it right.
Re: video taped unaware
Civil suit and possible injunction. Call me directly at (619) 222-3504.
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