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Blackmail

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Teresa6789

Junior Member
What is the name of your state? Ohio

First off, the story that leads up to the questions:

My sister, who is married, recently confided in me about something that has been tearing her apart for some time now. About a year ago, she had a "one night stand" with a co-worker that was supposedly "being transferred out of state within a few days". While at the co-workers residence, she went to the bathroom. When she came out, the co-worker had a camera and started taking pictures of her (nude). As much as she tried, he would not give her the film and she left without it.

2 weeks later, he approached her with one of the images and told her that if she did not continue the affair, that he would make sure that her husband recieved copies of the images with a letter about the affair. I know, as well as she does, that all of this is mostly her fault. She, of course, did not want her husband to find out. She still loves him and does not want to get a divorce. Therefore, against her better judgement, she continued the affair.

Every time, she told him it was the last. And every time he would throw the images and threats in her face causing her to cave in.

Now, she has decided to end it regardless of the outcome with her husband. She just cannot take it anymore.

The Questions:


::::IF IT CAN BE PROVEN::::

Did this co-worker do anything illegal? I know it all started mutually, but blackmail is blackmail. Right?

If there was illegal activity, what would one suggest as a course of action?

And finally, is there any way to legally make the co-worker give her/destroy the images?

Thanks for reading about what is soon to be the cause of many problems within our family. Any insight into the legal side of all this is greatly appreciated.

Best wishes,
Teresa
 


moburkes

Senior Member
Nope, it wasn't illegal. People all the time threaten the "if you leave me". She chose to continue the affair. The blackmail made it easier to stay. JMO.
 

Teresa6789

Junior Member
Nope, it wasn't illegal. People all the time threaten the "if you leave me". She chose to continue the affair. The blackmail made it easier to stay. JMO.
Thanks for the reply.:) I had a feeling that would be the case. :(

As for the images and getting them returned/destroyed, is there anyting that could possibly be done with respect to those? She didnt agree to pose for them. She signed no waiver and there was no verbal contract. He is, from what is rumored, showing them to anyone that wants to see them now that she broke it off. We fear it is only a matter of time before they turn up on the internet.:mad:

Thanks again!
Teresa
 

BoredAtty

Member
In Ohio, it's called coercion as opposed to blackmail. Below is the paraphrased statute:

2905.12 Coercion.

(A) No person, with purpose to coerce another into taking or refraining from action concerning which the other person has a legal freedom of choice, shall do any of the following:
(3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt, or ridicule, to damage any person’s personal or business repute, or to impair any person’s credit;​
(D) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree.


So, it could be a crime. Of course, moburkes brings up a good point that the facts may show that your sister is simply making an excuse to continue the affair. Also, police and prosecutors generally prefer to stay away from domestic issues if possible.
 

Teresa6789

Junior Member
In Ohio, it's called coercion as opposed to blackmail. Below is the paraphrased statute:

2905.12 Coercion.

(A) No person, with purpose to coerce another into taking or refraining from action concerning which the other person has a legal freedom of choice, shall do any of the following:
(3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt, or ridicule, to damage any person’s personal or business repute, or to impair any person’s credit;​
(D) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree.


So, it could be a crime. Of course, moburkes brings up a good point that the facts may show that your sister is simply making an excuse to continue the affair. Also, police and prosecutors generally prefer to stay away from domestic issues if possible.
Thank you very much for the information. I will take a look at the full text in a few minutes. In the meantime, would this not fall under ORC 2905.11 as well? Maybe ORC 2905.12 would be easier to prosecute in a situation like this?

I'm not sure of the evidence, if any. So, this whole attempt at gaining information on a course of action may be all for nothing.

I will check back in a few days to see if anyone has added any comments to this. Thanks to everyone who read this and put thought into it. It is really appreciated.
 

BoredAtty

Member
Thank you very much for the information. I will take a look at the full text in a few minutes. In the meantime, would this not fall under ORC 2905.11 as well? Maybe ORC 2905.12 would be easier to prosecute in a situation like this?

I'm not sure of the evidence, if any. So, this whole attempt at gaining information on a course of action may be all for nothing.

I will check back in a few days to see if anyone has added any comments to this. Thanks to everyone who read this and put thought into it. It is really appreciated.
I don't think 2905.11 applies, as part (A) states that the perpetrator must be attempting to obtain a valuable thing or valuable benefit or to induce another to do an unlawful act.

While your sister is surely quite exciting in bed, in all seriousness, sex with her will probably not be considered to be a valuable thing or benefit. Interestingly, committing adultery is an unlawful act in some jurisdictions (it is in Maryland), so theoretically there may be an argument there. But it's a very weak argument and would most likely not be successful in court, particularly since your sister willingly committing the same crime with the perpetrator prior to the coercion.
 

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