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I am 23. My ex boyfriend is a current law student, he posted nude pictures of me online. Help.

Dartmouth, MA |

He has posted nude pictures of me online that were taken by him with my consent this year. I've threatened legal action but he has broken down my situation for me. That I can either sue him for IIED, or Invasion of Privacy. However the IIED would not be sustained according to him because of "The publications of these photos do not support arguments for libel, slander and IIED. The act of publishing photos taken under consent of the plaintiff is protected by the First Amendment. A case for defamation also cannot be made; the defendant did not falsely portray the plaintiff as photos were unaltered." And he also claims that my case for invasion of privacy cannot be sustained because it does not portray me in false light and is only distributed to a few people therefore not "public disclosure"

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Attorney answers 5

Posted

I believe this is a previously posted question, but just in case you didn't see my response, I'm copying it below:

I'm very sorry you're going through this situation. I agree with the other attorney's answer posted here in that I am curious to see other responses, but mostly, I'm disgusted with your ex's behavior.

I agree that you should retain an attorney to help you send him a demand letter asking for him to remove and return all pictures to you. I also think that you should consider notifying the Board of Bar Examiners in whatever state he intends to apply for a law license in. I believe that this behavior goes directly to his Character and Fitness to practice law, which in most states is a separate and distinct portion of the application.

Best of luck to you resolving this and moving forward.

My responses to questions on Avvo or other internet sites are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo does not establish an attorney-client relationship with me or anyone at my firm. That relationship is established only by individual consultation and execution of a written agreement for legal services which I provide to my clients.

Danielle M. Callahan

Danielle M. Callahan

Posted

Also, please feel free to call me if you would like to discuss possible ways to move forward.

Posted

You should seek a consultation with a lawyer in your area. Do not take legal advice from your law student ex, he may not have the ability to properly analyze and assess the law and if he does, he is certainly biased and not going to help you. I agree with my colleague that you should also look into which states that he is considering taking the bar and filing a complaint with the Character and Fitness board. Good luck with your situation.

Avvo answers are not substitutes for the educated opinion of a lawyer who knows the facts of your particular case and should not be relied upon as such. My answer to you did not create an attorney-client relationship. James J Bagley Whaley, Bowie and Bagley LLC Providence, RI 401 454 7700 jbagley@wbblegal.com

Posted

I'm sorry that you have to tolerate this situation.

You may find that the particular circumstances support the removal of the pictures--for example, it's possible that you might have a harassment claim. You should talk to an attorney and give specific details (don't post them here) for more help.

You are also correct that you may find the extra-legal system more effective than the legal system. As noted, people in your situation are highly sympathetic--especially if you have emails from him which amount to "nyah nyah, you can't win in court." Your lawyer can talk you through the pros and cons of using other parties to help you put pressure on him.

Good luck.

Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

Posted

You can seek an injunction and seek and sue him for both the issues.

I do not believe that this is protected speech

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Posted

What you have experienced is happening so often it has a name "revenge porn", which some states have declared illegal through anti-stalking statutes. I don't know where Massachusetts stands on this as I have not researched this issue yet, but I suggest that you search the internet for ideas to combat it, including the actions of a similarly situated woman named Holly Jacobs. Please do not take legal advise from your former boyfriend. He is motivated to discourage you from pursuing your claim and will not be helpful. Good luck. Hindell Grossman, Grossman & Associates, Ltd., Newton, MA 617.969.0069

There is no substitute for a thorough consultation with an experienced lawyer. The only way to give legal advise is to learn the particular circumstances of each case in context. A question out of context does not guarantee the best answer, and even so, attorneys might disagree about how a legal matter should be handled.

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