I was recorded nude by a man, whom I met online.It happened on Aug 16, 2012.he tried to blackmail me on Aug 31.I contacted the university that he told me he was a student of and found out he was not a student there at all.He had made a fake persona.I suffered alot because of him.And have been thinking of reporting him to the police, but I suggested that he pay my medical expenses+lawyersfee upon entering the agreement instead.his lawyer sent me a settlement agreement proposel that I can't accept.I haven't found a lawyer yet.I am not a native Eng speaker and it is hard to find an international lawyer where I live.I'd like to withdraw my suggestion to him,but I am afraid that his lawyer would threaten to take me to court if I do not sign their agreement.Also might make me pay his lawyers fee
Employment / Labor Attorney
I am extremely sorry this happened to you. I am confused why you would suggest that he pay your medical expenses and lawyer fees. I can understand getting him to pay your medical expenses, but why are you having him pay for a lawyer? Where is that lawyer? Did you suggest for him to go out and hire the lawyer that now is presenting you with the settlement agreement that you don't agree with?
If I understand your situation correctly, you were recorded nude, became upset and needed medical treatment. Instead of going to the police, you told the offender that you would not press charges if he paid for your medical expenses and pay for a lawyer to write a settlement agreement. Is that correct?
If this is the case, it does not seem to me that his lawyer has any grounds to take you to court if you refuse terms of the settlement agreement. Typically, you would just reject what you don't agree with, say what you would agree to, and continue negotiating. You are in the position of power here, not the offender. After all, you are the victim and the lawyer is trying to get you to waive your rights against his client, the offender. If a settlement fails, you can still go to the police, and they don't want that to happen, so they have to go out of their way to make you happy.
If the offender hired the lawyer by himself, there is absolutely no reason that you would have to pay for his costs of hiring an attorney, even if you were the person who offered to settle the matter without going to the police. If you suggested he hire the attorney, you still would not be liable for the attorney's fees because part of your offer to settle was that he pay for your medical expenses AND hire an attorney.
Please know that you never have to agree to any settlement agreement that you are uncomfortable with. Under these circumstances that you have described, you still have your full rights to go to the police if you choose, and even to possibly sue him for intentional infliction of emotional distress and/or invasion of privacy.
I hope everything works out for you.
This is an incomplete answer written in response to the limited facts provided. It is intended as a courtesy to better inform the reader about his or her possible rights and potential courses of action; it is not intended as formally researched legal advice or as an agreement to enter into an attorney-client relationship.
2 lawyers agree
Administrative Law Lawyer
I see this differently than Mr. Diep. You are vulnerable to criminal charges of extortion. Get a lawyer and say nothing more to anyone -- including the lawyer that you have been interacting with -- until you have obtained legal advice. This fact-pattern is remarkably close to scams already known and recognized in law enforcement's playbook. Sorry -- purposeful or not, you are likely to be looked at hard. Get a lawyer and stop negotiating for yourself.
No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.
You should consult with an atty via a translator before you sign anything. See links to translators here in your area: http://www.notisnet.org/ or http://www.witsnet.org/. While you claim extortion over the nude pictures, he could claim extortion if you made an offer in lieu of reporting him to the police. I hope it all works out of you.
This comment is not intended to create an attorney-client relationship.