Skip to main content

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

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.

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

Posted

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 ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.

Mark as helpful

5 lawyers agree

Posted

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 this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at www.kevinmadison.com and www.texassexualharassmentattorney.com. Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at http://texassexualharassmentattorney.com/blog/

Mark as helpful

5 lawyers agree

Posted

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 agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area.

Mark as helpful

5 lawyers agree

Posted

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 you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.

Mark as helpful

4 lawyers agree

Posted

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 individual's legal questions. Other facts not considered may change the analysis or outcome. Do not rely on information presented herein to address your individual legal concerns. Your receipt of information from this website does not create an attorney-client relationship and the legal privileges inherent therein. If you have a legal question, you should consult an attorney experienced in that area of the law. The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you hire an attorney, you should request information about the attorney's qualifications and experiences.

Mark as helpful

5 lawyers agree

Posted

Invasion of privacy, so retain a local personal injury lawyer

Mark as helpful

5 lawyers agree

Posted

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 individual's legal questions. Other facts not considered may change the analysis or outcome. Do not rely on information presented herein to address your individual legal concerns. Your receipt of information from this website does not create an attorney-client relationship and the legal privileges inherent therein. If you have a legal question, you should consult an attorney experienced in that area of the law. The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you hire an attorney, you should request information about the attorney's qualifications and experiences. We do not have an attorney-client relationship. Only those persons who have a signed written fee agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area. NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum.

Mark as helpful

4 lawyers agree

Internet law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics