Ex posted private sex tape online that he claimed he destroyed 12 years ago with my name on it.

Asked 11 months ago - Cape Coral, FL

Back in my adventurous college youth (12-13 years ago) I made a "sex tape" with my then college boyfriend. It was before everyone "knew better" and it was filmed on an old school VHS tape. After the break my ex assured me that he had destroyed the VHS tape. Now, 12 years later while searching my name (as I do sometimes since I have an online presence for my business) I found said sex tape... with my name attached and edited up on tons of amateur porn websites. I am absolutely beside myself and in no way EVER gave him permission to distribute that video. It was made for the 2 of us and was promised to have been destroyed. It is only a matter of time before others find the video as well and it is going to ruin my reputation and business image. I need advice on what legal action to take.

Additional information

I contacted a "revenge porn" victims advocacy group... they asked for a couple of links to the videos so they could track it and see how far it has spread. When looking at links, one link had photos attached to it. The photos were of me, passed out and naked from the waist down and being raped with a hair brush. I have contacted my local police in FL who tell me I need to contact the state police in PA who tell me I need to contact the local police in PA who tell me I need to contact the local police in Florida. I finally insisted on filing a report with the local police, but nobody seems to know what to do about the fact I was raped 10 years ago and the rapist posted the evidence on the internet. And I still can't find affordable legal representation... nobody is contacting me back.

Attorney answers (7)

  1. David Hughes Harris

    Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered . This is a complicated issue because it does involve consensual acts and a consensual recording of those acts. The sole issue is whether publication (distribution of the material online) was/is permissible under the circumstances.

    You will have to consult someone who deals with these internet/cyberlaw issues. Click the "Find a Lawyer" tab above to help in your search.

    DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee... more
  2. Peter Andrew Koziol

    Contributor Level 8

    5

    Lawyers agree

    Answered . Depending on the facts, you might be able to get the video removed under the Digital Millennium Copyright Act (DMCA) or through an injunction for breach of the agreement you had with your boyfriend. Some jurisdictions also allow personal injury claims for "publication of private facts."

    If you were underage at the time there may be other criminal laws that are continuing to be violated.

    Additionally, even if you were of age, the Child Protection and Obscenity Enforcement Act of 1988 places stringent record-keeping requirements on the producers of actual sexually explicit materials.

    Due to the continuing damage, irreparable harm, and various statutes of limitations, I recommend you speak with an attorney ASAP.

    The answers provided are of a general nature and are not intended to be final or complete answers of any... more
  3. Kendra L. A. Stephen

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . I'm sorry this happened to you and I understand your need to have this resolved quickly. Based on the information you provided, you can hire an Attorney to send a cease and desist letter. If that doesn't work you can seek to have the videos removed in court.

    The answers provided are of a general nature and are not intended to be final or complete answers of any... more
  4. Rixon Charles Rafter III

    Contributor Level 20

    5

    Lawyers agree

    Answered . See a local attorney is the best answer you will get here--there a few facts that need to be understood before your options are clearly understood. Also, steel yourself for the option that there is nothing you can do short of asking the websites to remove the film. With a court order you would have more success in forcing removal, but that is putting the cart before the horse--see a local attorney ASAP and start clarifying the issues so you can figure out the way-ahead. Best of luck to you.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER... more
  5. Kevin Rindler Madison

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . Hire a civil personal injury attorney- they will know what to do. This is illegal and your ex can be sued for this Invasion of Privacy.

    If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Invasion of privacy, so retain a local personal injury lawyer

  7. Andrew Mark Jaffe

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . First of all, I am sorry this is happening to you. Your ex is being very obnoxious. Have you contacted him to cut this out?

    At the very least, you can hire a lawyer to write a cease and desist letter, which is not an expensive proposition. While the letter itself has little legal force, it will inform your ex you are taking this seriously. The letter can also not only ask him to cease his actions, but ask him to give you a list of where he posted the video, and ask for his assisstance in getting them taken down.

    You yourself should contact every site you find your video on through their customer service link and tell them they do not have your permission to post that video. Most sites will remove it.

    Finally, you can hire a lawyer to sue your ex for privacy violations. However, unless he has some money it is unlikely you will recoup your legal fees.

    You may want to discuss your situation with a lawyer in more detail. Most lawyers on Avvo, including myself, offer a free phone consultation.
    _________________
    Andrew M. Jaffe
    Attorney at Law
    Practice Limited to E-Commerce and Internet Law
    attorneyjaffe@aol.com
    330-666-5026 www.netlaws.us

    This post is provided for general informational purposes only and is not intended to be legal advice specific to... more

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