Legal Question in Family Law in Maine

Taping sexual situations

boy is 20, girl is 16, they taped themselves having sex on her cell phone. She took it to school showing her friends. Her mother found out, took the phone and was so upset and humiliated, she erased the pics before she thought about going to the police with them. Other kids at school saw these pictures as well as the girls parents. Can they go to the police WITHOUT the pictures as proof?


Asked on 5/24/07, 12:43 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Taping sexual situations

The obvious response to this query is what was the 20-year old man thinking?

This is really a criminal issue dealing with, among other things, potential charges of sexual exploitation of a minor and dissemination of such materials. The short answer to the query is yes. One doesn't need to have any physical evidence to report a crime. As an initial matter, I would worry that simply deleting a video from the phone doesn't necessary delete the evidence from the system, just as deleting the web history on a personal computer doesn't prevent someone from later going into the hard drive and analyzing the browsing history of that machine. Secondly, testimony, especially first-hand testimony from persons who have seen the video and who can identify the underage girl in that video, is admissible and is probably fairly persuasive.

This post should probably be re-posted in the criminal category.

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Answered on 5/24/07, 3:31 pm


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