Legal Question in Civil Rights Law in Ohio

Unknowingly Video Taped while in sexual acts

My wife had a number of sexual encounters with an, on duty, Deputy Sheriff in his home. He did, without her knowledge or consent, use a hidden camera, and video taped two or more of these sexual encounters. Two of the video tapes have been mailed or federal-expressed to our home. The video clearly showes the Deputy Sheriff turning on and off the Video, while my wife was not in the area. Is this a Constitutional Violation of her right to an expectation of privacy?


Asked on 7/12/02, 7:07 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Unknowingly Video Taped while in sexual acts

It is probably the use of the tapes which could fall into a protected privacy category rather than the tapes themselves. If the deputy was in the tapes as well as your wife, and if she was a willing participant in the activities, then there is likely no wrong. The consent of one party to a two-party event is enough.

If the tapes are used in an attempt to gain an economic advantage, or to cause humiliation and emotional hurt to your wife, then the analysis is quite different. Those who cause deliberate harm to another may be held liable for the intentional infliction of emotional distress. Question whether or not this is an avenue you and your wife wish to pursue, however, as there would likely be further public revelation of embarassing material.

Consult a personal injury attorney in your town if you are considering pursuing the matter further.

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Answered on 7/12/02, 7:32 am


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