My ex boyfriend videotaped us having sex and took nude photos of me without consent. What can I do?

Asked over 2 years ago - Los Angeles, CA

I asked him if he had deleted the videos and pictures and he said yes. I have pictures of texts he has sent me. We got in an argument and he said that if I don't watch what I say that he will upload the videos and pictures. I asked him for a signed statement saying that I have all rights to sue him if he shows, has them, or uploads them. My ex was a sheriff for Orange County and LA county and he knows his way around the legal system. He said texts are admissible in court and I have proof that he agreed to what I said I wanted in the letter. I was supposed to get the letter in exchange for his stuff but I didn't want to be sent to small claims court for his belongings so I gave them to him and he agreed to the letter. I have pictures of texts, can I still sue him without a signed letter?

Attorney answers (3)

  1. Nicholas Basil Spirtos

    Contributor Level 20

    1

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    Answered . If you did not consent to the photos or videos, then your boyfriend has violated your rights to privacy, and possibly committed a criiminal act in threatening to post them.

    You can report him to the local police department, or if you are concerned because he is a former police officer, you can contact the local district attorney's office.

    You may also contact a local attorney to bring a civil action against your ex.

  2. Pamela Koslyn

    Contributor Level 20

    Answered . http://www.avvo.com/legal-answers/my-ex-threate...

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to... more
  3. Charles Lee Mudd Jr.

    Pro

    Contributor Level 10

    Answered . Although I am not licensed in California, one of our associates is admitted to practice in California. I respond based on my general knowledge obtained from handling many similar situations over the last several years.

    If he photographed you nude and videotaped you without your consent, he has violated your right to privacy. Some may argue that the location of such events make a difference. While perhaps they make some difference, it does not diminish the violation of your privacy. You may have a civil claim against him for intrusion upon seclusion. If he posts any of the material, you also may have a claim for public disclosure of private facts.

    He may also have violated eavesdropping statutes depending on the content of the video.

    You should speak to an attorney familiar with these issues such that a letter can be sent to him to attempt resolution prior to items being posted on the Internet (if they have not been already) and prior to filing litigation.

    Even if items have been posted, an attorney with experience in this area may be able to secure removal of the items depending on the circumstances (though no guarantees can ever be made).

    You definitely have claims. They need to be pursued strategically to protect your privacy.

    The answers provided arise from general knowledge and experience. Thus, the information provided in the answers... more

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