Legal Question in Family Law in Virginia
Video Used In Proving Adultry-Rights of future use
My wife recently had an affair with a married man. It was kissing, oral sex and fondling. While I understand that none of this is illeagal, the married man's wife had them followed and videotaped in various ''acts.'' This was done in the back of my SUV at a public park. The spouse of the married man has admitted to me that the videotape does exist. I believe that she was originally going to use it to get the upper hand in her divorce, but now she's decided to reconcile with her husband-at least temporarily.
1. Is there anything illegal about the way the footage was obtained?
2. Are there restrictions on how and where she can use the videotape? Can she broadcast it, or make copies of it for any kind of distribution?
3. Can my wife legally request a copy and/or the original as she is one of the individuals depicted in the tape?
4. Can any sort of restraint be placed on how and when the tape might be shown now and in the future?
Thank you.
1 Answer from Attorneys
Re: Video Used In Proving Adultry-Rights of future use
The use of this videotape by anyone seeking to use it in the manner which you've suggested should necessarily be constrained by some real concerns that such use could well result in a lawsuit for defamation against this user which might also include, perhaps, as well, some counts involving various alleged violations of any applicable state and federal laws designed to protect the privacy of individual citizens which could be brought to bear in this aforementioned lawsuit.
I know of no basis, however, on which your wife might base a credible claim of entitlement to a copy of the videotape. (In fact, as I ponder this a little further, I am impelled to wonder why would she even want one?)
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