Legal Question in Sexual Harassment in Iowa

Explicit Photos

A woman with whom I had an affair threatened me with sending some of the very graphic pictures we took together to my wife. Is there anything I can do legally to stop this? The pictures were obtained willingly and include both of us in some of them. She has also told me that she might send them to my workplace and to an internet site. Are some of these actions legal and others not? She says that since the pictures were not obtained without my consent and since there is no extortion or blackmail there is nothing I can do. This part is true - she just wants to hurt me and nothing else. Is she able to do this legally or not?


Asked on 7/13/08, 8:45 pm

2 Answers from Attorneys

Lee Berlik BerlikLaw, LLC

Re: Explicit Photos

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RESPONSE:

There is not much you can do, as the law does not require that people be "nice" to each other. But she has to be careful, too. She can't use the pictures to induce another party to break a contract with you, for example. And if her intent is to cause you extreme embarrassment, you might have a claim against her if the court finds her conduct "extreme and outrageous" and if you suffer "extreme" emotional distress as a result. I note that it appears she has posted a similar question, claiming you are the one threatening to reveal the photos! I would think the thought of reciprocal retaliation would be enough to deter each of you from being the first to show the photos to anyone.

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Answered on 7/14/08, 10:36 am
Stephen Lombardi Lombardi Law Firm

Re: Explicit Photos

Hell has no fury like a woman scorned. I appreciate how unsettling this is to you so take some time to sit and reflect on what course of action might produce the most desireable result. I don't agree with her assessment that what she is trying to do isn't a legal wrong. I believe it is legally wrong.

First of all what would be the purpose of her doing this other than to cause you embarrassment, financial harm, social disgrace, wreck your marriage, etc? None that I can see. Just threatening to do so may be a crime. If she is attempting to obtain anything of value from you the crime may be one of extortion. Civilly it might be consider a tort in that it subjects you to serious and extreme emotional harm.

From a civil standpoint you can handle this one of two ways:

1. Have a private conversation yourself.

2. Hire an attorney who can handle it privately and delicately.

If she does it then you will need to hire a lawyer to sue her for monetary damages. A court might consider enjoining her actions but that would require a public hearing. Hope this helps to guide your actions. Whatever you do don't lose your head and do something stupid. She's obviously not worth your time and energy and you aren't happy with your marriage or you wouldn't be having an affair.

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Answered on 8/04/08, 3:40 pm


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