Advice

[rk403]

One of my friends is going through a messy divorce. Her ex has threatened her that unless she agrees to his terms, he would release some private photos of her (taken for his eyes only) to his friends. I told her that is blackmail and she should go to her lawyer. She is not sure if anything can be done. Am I right? Can anything be done? This threat was sent via his work e-mail.

Thanks

 

[xylene]

Who are you?

You need to dis-involve yourself from this divorce.

 

[OHRoadwarrior]

It appears the pictures were a gift. He has a legal right to distribute them. Laws on extortion vary by state.

 

[sandyclaus]

One of my friends is going through a messy divorce. Her ex has threatened her that unless she agrees to his terms, he would release some private photos of her (taken for his eyes only) to his friends. I told her that is blackmail and she should go to her lawyer. She is not sure if anything can be done. Am I right? Can anything be done? This threat was sent via his work e-mail.

Thanks

Before going to a lawyer, I would take a copy of this email to the company management and show them. I'm sure the ex's boss would be quite interested to see that their employee is using company resources to attempt to blackmail someone.

And quite honestly, how does she know that he hasn't already shared those photos? Last, but not least, who are YOU in this situation?

 

[rk403]

advice

I'm one of her co-workers. We have been friends for 2 years.

 

[rk403]

Also

Here is what I found:

943.31  Threats to communicate derogatory information. Whoever threatens to communicate to anyone information, whether true or false, which would injure the reputation of the threatened person or another unless the threatened person transfers property to a person known not to be entitled to it is guilty of a Class I felony.

Got this from the WI legislature.

 

[sandyclaus]

Photos are not information. Photos are considered property. In your case, the photos were and are the property of your ex, which you freely and voluntarily gave him.

As has been stated before, since the photos belong to him, he really is free to do with them as he wishes. If you never wanted anyone else to see your private and very revealing photographs, you should never have taken them and given them to your ex. While it may be very embarrassing to you for others to see you in such compromising poses, you really need to consider the very real possibility that his friends have already seen them many times over.

 

[Proserpina]

While this is true, there may well be a cause of action for "invasion of privacy".

OP's friend should certainly speak with her divorce attorney.

 

[sandyclaus]

Pro, where do you get invasion of privacy?

If these were the private photos that belonged solely to the friend, and not her ex, I might buy that argument. However, she gave up her privacy when she gave the compromising photos to the boyfriend as gifts. Unless there was something in agreement between them that he wasn't to share these with anyone (which there might be, but that could be mighty difficult to prove), the photos wouldn't be considered a conditional gift. Without the conditions, he could do anything he wanted with them.

 

[Proserpina]

Pro, where do you get invasion of privacy?

If these were the private photos that belonged solely to the friend, and not her ex, I might buy that argument. However, she gave up her privacy when she gave the compromising photos to the boyfriend as gifts. Unless there was something in agreement between them that he wasn't to share these with anyone (which there might be, but that could be mighty difficult to prove), the photos wouldn't be considered a conditional gift. Without the conditions, he could do anything he wanted with them.

From reading many of the other posts in the defamation section, and by listening hard to quincy

While it's obviously not defamation, the young lady may well claim that she had a reasonable expectation of privacy concerning the photos, especially since they're of such a sensitive nature. To distribute to a third party without her consent may well provide a valid cause of action.

I disagree that she automatically gave up any rights to privacy after she gave the photos to her boyfriend.

ETA: I've dropped quincy a little note - hopefully he'll stop by and either confirm or correct me

 

[quincy]

Proserpina is correct. Thanks for reading my (many many) past posts on this, Pro.

The wife may have given the photos to her husband but he is not free to do with these photos what he pleases. He needs his wife's consent.

It would be an invasion of the wife's privacy should the husband release to others any photos taken by her for her husband's private use only. Distributing private photos to others is no different than disclosing private medical information or other private or confidential information.

So, the wife could potentially sue the husband under the tort invasion of privacy/publication of private facts.

Any threats of harm (and the release of private photos can cause harm) could be reported to the police.

 

[rk403]

Thank you

Thanks for the advice.

She has been in contact with her lawyer. Don't know anymore than this. I try to keep my nose out of it unless she asks for my opinion.

 

[Bali Hai]

Before going to a lawyer, I would take a copy of this email to the company management and show them. I'm sure the ex's boss would be quite interested to see that their employee is using company resources to attempt to blackmail someone.

And quite honestly, how does she know that he hasn't already shared those photos? Last, but not least, who are YOU in this situation?

As another poster said in another thread, if she causes him to lose his livelihood she will be in big trouble.

 

[Bali Hai]

From reading many of the other posts in the defamation section, and by listening hard to quincy

While it's obviously not defamation, the young lady may well claim that she had a reasonable expectation of privacy concerning the photos, especially since they're of such a sensitive nature. To distribute to a third party without her consent may well provide a valid cause of action.

I disagree that she automatically gave up any rights to privacy after she gave the photos to her boyfriend.

ETA: I've dropped quincy a little note - hopefully he'll stop by and either confirm or correct me

How do you know her age? It was her husband she gave the pictures, not her boyfriend.

 

[Proserpina]

How do you know her age? It was her husband she gave the pictures, not her boyfriend.

Ah. Gotta be the time of the month when you have to send those pesky alimony checks.

Thanks for playing, though!