Legal Question in Civil Litigation in Ohio
I found out my underage (Or she was at the time that these were sent, though for our state she was at the age of consent.) daughter sent lude pictures of herself out to some individuals after being bullied and pressured into doing so. Individuals who received the picture have now been harassing her non-stop, calling the house, using e-mail and the web to harm both her and the family as well as others she keeps into contact with. This harassment has been going on for quite some time, and we have plenty of evidence to back up our claims. Our worry is the fact that these pictures can be used against her and she can get into trouble for sending them. Our daughter is now over 18 though, so what can we do? We want to file harassment charges or even a restraining order against these people but we're worried she could get into trouble.
2 Answers from Attorneys
I'd be happy to discuss this with you off line. There may be some options, each has pros and cons and is best resolved by stepping through the specific facts.
If your daughter has the original pictures, she can seek to copyright them. Then she can sue to prevent the dissemination of these pictures. From the facts you have given me, a restraining order also may be appropriate. It could happen, but it is unlikely your daughter would be prosecuted for sending those pictures, even if she was a minor at the time. It really depends on the culture of your town, but prosecutors generally (but not always) charge the aggressors or primary culprits in a crime. Your daughter appears to be the least culpable.
Lisa K. Meier
This response is based on Ohio law and the limited facts you have provided and is not intended to create an attorney-client relationship. I cannot provide adequate advice to you without meeting with you in person. If you would like to schedule a free consultation, please feel free to contact me.
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