Libel by picture then blackmail

[toadstool]

What is the name of your state (only U.S. law)? Florida

I am dating this woman. Her husband (seperted) is not pleased. They get along because they have kids.He asked to borrow her old iphone bacause his broke. On there he found a few nude pictures i sent her. He then created an Instagram page where he posted the pictures but kept it on private, threatening to make it public if she doesnt end thing with me. I have screen captures of the messages he sent to her confirming him making the threat and proof of his creation of the page. He also sent it to a few people.

Is it Possible to have a polie officer escort me to the house to tak the phone and any other medium such as pc backups and icloud to delete the pictures?

Also could i sue ?

 

[quincy]

What is the name of your state (only U.S. law)? Florida

I am dating this woman. Her husband (seperted) is not pleased. They get along because they have kids.He asked to borrow her old iphone bacause his broke. On there he found a few nude pictures i sent her. He then created an Instagram page where he posted the pictures but kept it on private, threatening to make it public if she doesnt end thing with me. I have screen captures of the messages he sent to her confirming him making the threat and proof of his creation of the page. He also sent it to a few people.

Is it Possible to have a polie officer escort me to the house to tak the phone and any other medium such as pc backups and icloud to delete the pictures?

Also could i sue ?

First, anyone can sue for any reason at all, even if a suit has no merit. I do not see offhand that you have a suit against the husband that would have any merit.

Second, defamation requires the publication of false statements (or implied falsehoods) to a third party. I do not see anything that is false. The pictures are of you, correct? And these photos have not, to your knowledge, been altered to make them something they are not? No defamatory text?

Third, the phone belongs to the married woman you are dating and she loaned it to her husband, nude photos and all. You cannot have a police officer escort you to their house to retrieve a phone that does not belong to you.

Fourth, any threats to publish the photos to a wider audience will need to be handled between the woman and her husband.

You know the terms for deletion. I suggest you ask the wife to ask her husband to delete the photos as that is your best chance of getting the photos deleted. And I recommend you do not send any more photos to the wife after that because she apparently does not value your privacy. To avoid publication of the photos to a wider audience, you might consider cutting off all contact with the woman until you know the nude photos are removed from their place online.

Good luck.

 

[TigerD]

quincy -

Since the implication is that the photos were selfies, what about a DMCA takedown notice?

DC

 

[quincy]

quincy -

Since the implication is that the photos were selfies, what about a DMCA takedown notice?

DC

That could work, if toadstool is up to identifying himself as the subject of the photos.

Good suggestion.

https://help.instagram.com/454951664593304

 

[Ohiogal]

What is the name of your state (only U.S. law)? Florida

I am dating this woman. Her husband (seperted) is not pleased. They get along because they have kids.He asked to borrow her old iphone bacause his broke. On there he found a few nude pictures i sent her. He then created an Instagram page where he posted the pictures but kept it on private, threatening to make it public if she doesnt end thing with me. I have screen captures of the messages he sent to her confirming him making the threat and proof of his creation of the page. He also sent it to a few people.

Is it Possible to have a polie officer escort me to the house to tak the phone and any other medium such as pc backups and icloud to delete the pictures?

Also could i sue ?

She is committing adultery and you are aiding her. Apparently husband and wife still live together. So she may not be as separated as you think.

 

[quincy]

She is committing adultery and you are aiding her. Apparently husband and wife still live together. So she may not be as separated as you think.

I think that toadstool's "they get along because of the kids" statement may have changed a bit with the husband's discovery of the nude photos.

Although I believe Florida still has a statute criminalizing adultery (second degree misdemeanor, up to 60 days in jail), it does not appear to be enforced, and efforts were underway earlier this year to decriminalize it. Because divorces in Florida are no-fault, adultery would possibly only play a factor when determining child custody and property division.

I cannot understand, with all of the media attention given nude selfies and their (surprise!) public disclosure, why anyone still thinks it is a good idea to send them.

 

[Ohiogal]

I think that toadstool's "they get along because of the kids" statement may have changed a bit with the husband's discovery of the nude photos.

Although I believe Florida still has a statute criminalizing adultery (second degree misdemeanor, up to 60 days in jail), it does not appear to be enforced, and efforts were underway earlier this year to decriminalize it. Because divorces in Florida are no-fault, adultery would possibly only play a factor when determining child custody and property division.

I cannot understand, with all of the media attention given nude selfies and their (surprise!) public disclosure, why anyone still thinks it is a good idea to send them.

I am not thinking criminal for adultery. But rather just DO NOT SLEEP WITH MARRIED PEOPLE and then ACT SURPRISED THEIR SPOUSES GET UPSET.

 

[quincy]

I am not thinking criminal for adultery. But rather just DO NOT SLEEP WITH MARRIED PEOPLE and then ACT SURPRISED THEIR SPOUSES GET UPSET.

I agree. "Surprise" is better reserved for when a husband is NOT upset by his wife's affair and when nude selfies do NOT wind up publicly displayed. And, despite the often-devastating consequences of discovered affairs and nude photos, betrayals of trust of this sort rarely make for good legal actions.

 

[toadstool]

Reply

She is committing adultery and you are aiding her. Apparently husband and wife still live together. So she may not be as separated as you think.

They are indeed separated due to the fact that 2 years ago he found himself in a new relationship which he has been very open ad public about on both social network sites and daily routine behavior. He refuses to sign the divorce papers which she has presented to him repeatedly. My question is not a moral or ethical one beause i am perfectly aware of how unethical this situation is. My question is what can i do to protect myself? IS there anything i an do legal apart from reporting the page to IG?

 

[Ohiogal]

They are indeed separated due to the fact that 2 years ago he found himself in a new relationship which he has been very open ad public about on both social network sites and daily routine behavior. He refuses to sign the divorce papers which she has presented to him repeatedly. My question is not a moral or ethical one beause i am perfectly aware of how unethical this situation is. My question is what can i do to protect myself? IS there anything i an do legal apart from reporting the page to IG?

Quit being involved with a married woman. IF she wanted to be divorced, she could be -- regardless of whether her husband signs divorce papers. SHE does NOT want to be divorced that badly. Legally, that is correct. You have been fed a line. You have fallen for said line. Don't send her nude pics.

 

[toadstool]

Quit being involved with a married woman. IF she wanted to be divorced, she could be -- regardless of whether her husband signs divorce papers. SHE does NOT want to be divorced that badly. Legally, that is correct. You have been fed a line. You have fallen for said line. Don't send her nude pics.

Sound advice which i definitely agree with. Still doesnt solve my problem. Thanks though

 

[quincy]

They are indeed separated due to the fact that 2 years ago he found himself in a new relationship which he has been very open ad public about on both social network sites and daily routine behavior. He refuses to sign the divorce papers which she has presented to him repeatedly. My question is not a moral or ethical one beause i am perfectly aware of how unethical this situation is. My question is what can i do to protect myself? IS there anything i an do legal apart from reporting the page to IG?

There is not too much you can do legally other than report the publication of the nude photos to Instagram for copyright infringement (which could work to get them removed). You can also explore invasion of privacy laws, I suppose.

If the woman you are dating is not divorced yet, though, your presence in her life can complicate matters for her when and/or if she and her husband get around to divorcing. You would probably be smart to find a woman who is not currently attached legally to another. But, whatever you decide to do, I believe it would be a big mistake for you to go out of your way to irritate the husband again by making your relationship with his wife as visible as the nude photos made it.

Good luck.