When I was married to my ex-husband I agreed to let him take nude photos of me. Now that were in the process of getting a divorce he's threatening to put them online. Is there any legal way I can stop him? Is it against the law since I do not consent to him putting them there? I've tried deleting them, but he put them on his phone and he has moved out so I can not get to them. Is there anything I can do? Is it extortion, or something similar? I know state laws differ from state to state so thought I'd say I live in Oregon if it helps at all.
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Ex-husband threatening to post nude photos online
- Thread starter kyle.d
- Start date
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You could pay a lawyer to write him a strongly worded letter about the potential consequences if he goes through with his threat, but other than that there is not much you can do unless he actually does it. A lot of people like to make grandiose claims and then don't follow through with them.
quincy
Senior Member
I agree with swalsh that informing your ex-husband of the possible consequences of following through with his threats may be enough to prevent him from publishing the photos online. A letter from an attorney's office informing him of the consequences may have more impact, but would not necessarily be necessary.
In Oregon, invasion of privacy can be both a criminal act (a Class A misdemeanor) and a civil action. For it to be a criminal act, however, the photos must have been taken originally without your consent (see ORS §163.700).
You would, however, have cause for a civil invasion of privacy action under ORS §30.865 (1)(d). All you would need to establish for a civil action is that your ex-husband disseminated, without your consent, a photograph or photographs (or a motion picture, videotape or other visual recording) of you in a state of nudity - and that your ex-husband knew at the time the photos were taken that you were in a place and circumstances where you had a reasonable expectation of privacy (ie. your bedroom).
A successful action (and I can see no reason why it would not be successful) would entitle you to receive compensatory damages (which could potentially be substantial) and reasonable attorney fees.
You have two years from the date any invasion of privacy occurs to file an invasion of privacy civil action in Oregon.
Perhaps if your ex-husband knows this, he will stop threatening you with the publication of the photos.
Good luck.
In Oregon, invasion of privacy can be both a criminal act (a Class A misdemeanor) and a civil action. For it to be a criminal act, however, the photos must have been taken originally without your consent (see ORS §163.700).
You would, however, have cause for a civil invasion of privacy action under ORS §30.865 (1)(d). All you would need to establish for a civil action is that your ex-husband disseminated, without your consent, a photograph or photographs (or a motion picture, videotape or other visual recording) of you in a state of nudity - and that your ex-husband knew at the time the photos were taken that you were in a place and circumstances where you had a reasonable expectation of privacy (ie. your bedroom).
A successful action (and I can see no reason why it would not be successful) would entitle you to receive compensatory damages (which could potentially be substantial) and reasonable attorney fees.
You have two years from the date any invasion of privacy occurs to file an invasion of privacy civil action in Oregon.
Perhaps if your ex-husband knows this, he will stop threatening you with the publication of the photos.
Good luck.
justalayman
Senior Member
One possible reason I can think of:
if he had shown others before with her knowledge. That would be implicit permission to disseminate the pics.
kyle.d: address this with your divorce attorney. seek a temp injunction restricting the release of the pics until the issue can be addressed in court.
quincy
Senior Member
The reason you gave wouldn't fly, justalayman.
Mrs. Q. can give consent to Mr. Q. to show photos to persons A, B and C - but that does not mean consent is granted for Mr. Q. to show those same photos to X, Y and Z. The showing of the photos to X, Y and Z would exceed the earlier consent granted, especially if Mr. Q. had already been explicitly told by Mrs. Q. NOT to show the photos to X, Y and Z.
. . . although I suppose if I were representing Mr. Q. in an invasion of privacy action, I would probably try to use that argument. . . . .
Mrs. Q. can give consent to Mr. Q. to show photos to persons A, B and C - but that does not mean consent is granted for Mr. Q. to show those same photos to X, Y and Z. The showing of the photos to X, Y and Z would exceed the earlier consent granted, especially if Mr. Q. had already been explicitly told by Mrs. Q. NOT to show the photos to X, Y and Z.
. . . although I suppose if I were representing Mr. Q. in an invasion of privacy action, I would probably try to use that argument. . . . .
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