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Received naked picture...

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adviceNeeded03

Junior Member
Wisconsin.

I received a naked picture from a random number of a girl that I know having sex. (She is over 18) She is dating one of my guy friend's best friends, so I sent him the picture... it was blurry and I didn't want to make a big deal out of it if it was just photoshopped... because I figured if she had cheated on her boyfriend, he should know. He thought that the picture seemed legit but wasn't positive, so he sent the picture to the girl that the picture was of. Now the girl and her mother are suing me. I never posted the picture anywhere, and I only sent it to the one person.

Her mom called me and called me a whore and kept swearing and yelling at me telling me she is going to sue me, so I hung up.

Do they have any legal grounds for a case?
This was never meant to be slander and I have tried apologizing for sending it to the one person, but they will not listen.

The mother even went as far as saying that if her daughter's heart condition gets worse because of this stress and she dies that she will charge me with murder! I honestly am not worried about this as it is so completely ridiculous. I feel like the mother is almost borderline harassing me. Help!
 


Shadowbunny

Queen of the Not-Rights
Wisconsin.

I received a naked picture from a random number of a girl that I know having sex. (She is over 18) She is dating one of my guy friend's best friends, so I sent him the picture... it was blurry and I didn't want to make a big deal out of it if it was just photoshopped... because I figured if she had cheated on her boyfriend, he should know. He thought that the picture seemed legit but wasn't positive, so he sent the picture to the girl that the picture was of. Now the girl and her mother are suing me. I never posted the picture anywhere, and I only sent it to the one person.

Her mom called me and called me a whore and kept swearing and yelling at me telling me she is going to sue me, so I hung up.

Do they have any legal grounds for a case?
This was never meant to be slander and I have tried apologizing for sending it to the one person, but they will not listen.

The mother even went as far as saying that if her daughter's heart condition gets worse because of this stress and she dies that she will charge me with murder! I honestly am not worried about this as it is so completely ridiculous. I feel like the mother is almost borderline harassing me. Help!
Have you actually received court documents that indicate a lawsuit has been filed, or is this just a threat?
 

adviceNeeded03

Junior Member
Have you actually received court documents that indicate a lawsuit has been filed, or is this just a threat?

They both have threatened me, but I want to be prepared. I understand that they are upset, but they should be suing the person that created the picture on photoshop, which they have both admittedly said they know I didn't do.
 

quincy

Senior Member
Wisconsin.

I received a naked picture from a random number of a girl that I know having sex. (She is over 18) She is dating one of my guy friend's best friends, so I sent him the picture... it was blurry and I didn't want to make a big deal out of it if it was just photoshopped... because I figured if she had cheated on her boyfriend, he should know. He thought that the picture seemed legit but wasn't positive, so he sent the picture to the girl that the picture was of. Now the girl and her mother are suing me. I never posted the picture anywhere, and I only sent it to the one person.

Her mom called me and called me a whore and kept swearing and yelling at me telling me she is going to sue me, so I hung up.

Do they have any legal grounds for a case?
This was never meant to be slander and I have tried apologizing for sending it to the one person, but they will not listen.

The mother even went as far as saying that if her daughter's heart condition gets worse because of this stress and she dies that she will charge me with murder! I honestly am not worried about this as it is so completely ridiculous. I feel like the mother is almost borderline harassing me. Help!
First, it was not the smartest move on your part to forward the picture you received.

Sending an undoctored photo to someone, or a photo you did not create, would not necessarily be defamation. Doctored photos can be, as can the text that accompanies a photo.

Even when you do not create the defamatory material, spreading it to others can make you liable for defamation just as much as it does the originator of the defamation.

Photos and text if defamatory, as a note, would be considered libel and not slander. Slander is spoken defamation.

As another note, this would not be a small claims action if the mother decides to sue for defamation. Wisconsin small claims courts do not entertain defamation actions.
 
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Shadowbunny

Queen of the Not-Rights
What, pray tell, are they going to sue you for?

Block them from calling you, and IF (and that's a very big if) you receive notification from the court, then consult with an attorney. Forwarding a nude picture was immature, but as long as the person was 18, not illegal (assuming the recipient was also over 18).
 

adviceNeeded03

Junior Member
First, it was not the smartest move on your part to forward the picture you received.

Sending an undoctored photo to someone, or a photo you did not create, would not necessarily be defamation. Doctored photos can be, as can the text that accompanies a photo.

Even when you do not create the defamatory material, spreading it to others can make you liable for defamation just as much as it does the originator of the defamation.

Photos and text, as a note, are considered libel and not slander. Slander is spoken defamation.

As another note, this would not be a small claims action if the mother decides to sue for defamation. Wisconsin small claims courts do not entertain defamation actions.

I know that I shouldn't have forwarded it now. It was not like I was doing it in an attempt to show everyone... it was someone that I trusted. I also don't know exactly what the mother would be suing for. Only me, my friend, and her saw it that I am aware of. I am not sure if or who else the person that created the picture sent it to. I didn't destroy her life, and although she may be upset, the photo did not go viral and I had deleted the photo before talk of a lawsuit even came up.
 

adviceNeeded03

Junior Member
What, pray tell, are they going to sue you for?

Block them from calling you, and IF (and that's a very big if) you receive notification from the court, then consult with an attorney. Forwarding a nude picture was immature, but as long as the person was 18, not illegal (assuming the recipient was also over 18).
Yes, everyone involved is older than 18.
 

quincy

Senior Member
There could be privacy issues involved in the sending of a nude photo, if the photo was not a doctored one.

And doctored photos that are published to a third party can be defamatory.

But I am not sure what legal action the mother/daughter would be considering against you. I guess it depends on the photo itself and the text that went along with it.

Do you know who the person is who sent the photo or why the person who sent you the photo would send it?
 

Shadowbunny

Queen of the Not-Rights
Quincy, a question about doctored photos and defamation: I understand violating privacy laws (and perhaps copyright law), I don't understand how an altered photo could be defamation.

Would you mind explaining?
 

adviceNeeded03

Junior Member
There could be privacy issues involved in the sending of a nude photo, if the photo was not a doctored one.

And doctored photos that are published to a third party can be defamatory.

But I am not sure what legal action the mother/daughter would be considering against you. I guess it depends on the photo itself and the text that went along with it.

Do you know who the person is who sent the photo or why the person who sent you the photo would send it?
I am not sure who it is that sent me the picture. I actually have tried calling the number and I think they disconnected it now because it rings and then an error message comes up. I have given the number to the mom and daughter involved, but they honestly don't even care that I didn't make the photo. This makes me wonder if the picture may actually be real. Honestly, it is hard to tell for sure. If they would just listen to me, this would be so much more cut and dry, but it has blown hugely out of proportion.
 

quincy

Senior Member
Quincy, a question about doctored photos and defamation: I understand violating privacy laws (and perhaps copyright law), I don't understand how an altered photo could be defamation.

Would you mind explaining?
An example: Someone is pictured having sex with someone other than the person they are married to, or if they are a nun, or if they have never had sex before, or if it is a picture of a teacher with a student - a photo that has been doctored to depict any one of these can cause reputational injury to the person pictured and could support a defamation claim against the person who doctored the photo and published it to another or others.

Even an undoctored photo of someone can result in a defamation claim if the picture is placed where it implies something false about the person (e.g., a photo of a person used to illustrate a story on drug abuse when the person is not a drug abuser).
 

adviceNeeded03

Junior Member
An example: Someone is pictured having sex with someone other than the person they are married to, or if they are a nun, or if they have never had sex before, or if it is a picture of a teacher with a student - a photo that has been doctored to depict any one of these can cause reputational injury to the person pictured and could support a defamation claim against the person who doctored the photo and published it to another or others.

Even an undoctored photo of someone can result in a defamation claim if the picture is placed where it implies something false about the person (e.g., a photo of a person used to illustrate a story on drug abuse when the person is not a drug abuser).
Using what you said, I really don't think that they have grounds to sue me. Because the picture stayed in the little group of three of us, including the girl in the picture, no one is harassing her, she's not married, etc. Like I said, I do not want to say that the picture didn't upset her because I know I would be upset. I don't know if it went as far as to cause emotional distress though.
 

quincy

Senior Member
I am not sure who it is that sent me the picture. I actually have tried calling the number and I think they disconnected it now because it rings and then an error message comes up. I have given the number to the mom and daughter involved, but they honestly don't even care that I didn't make the photo. This makes me wonder if the picture may actually be real. Honestly, it is hard to tell for sure. If they would just listen to me, this would be so much more cut and dry, but it has blown hugely out of proportion.
I am sure the daughter and mother are upset. I am not so sure they will follow through on any lawsuit. A lawsuit can publish to an even wider audience the defamatory material - if what was sent is, in fact, defamatory. A personal review of what was received by you and sent to your guy friend would be needed.

It is too bad you sent the photo to your guy friend and did not approach the girl you know about it first.
 

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