View Full Version : Public Bashing ILLEGAL?
brookeleigh
May 9, 2010, 11:39 AM
Is public humiliation illegal and could someone get into serious trouble because of it? My friend had a sex tape with her boyfriend and they broke up and he said he was going to post it all over the internet. He hasn't posted that video yet but he osted one of her drinking alcohol and she cannot be exposed like that online because she works for a church. So Im curious, what legitimate advice would I be able to give her?
Other things that he does... calls her and will not let her get off the phone until hours and hours and then if she hangs up he calls the house phone and then if she unplugs her house phone he will call her family members. Everything is really ridiculous. I need to know what she can do about this and if him posting these videos online is actually illegal & if he can get into serious trouble?
ChihuahuaMomma
May 9, 2010, 11:46 AM
Someone will come along and let you know about the video. But harassment IS illegal.
Just on a side note, this is a family site and your picture is rather revealing, you might consider changing it to something more appropriate.
brookeleigh
May 9, 2010, 12:02 PM
Thanks. I was also thinking she should get a restraining order? I think the only thing is deep down she still cares about him, a lot.
ChihuahuaMomma
May 9, 2010, 12:11 PM
I like that picture much better, you are very pretty. I think she needs to understand that he no longer cares for her, this is apparent by his actions. Her love for him no longer exists cause the guy that she cared about no longer exists, now he's just some selfish ex who's mad that his ego got stomped. She needs to get a restraining order and move on. As far as the video, there might be something illegal there, I'm not sure. But I doubt that any members of her church would see it, and if they did I doubt they'd admit it because then they would have to admit they were searching for videos of that nature...
Fr_Chuck
May 9, 2010, 02:50 PM
He is harassing her and she needs to go to the police about the calls, and family needs to report him also.
As for the tapes, unless he made them in secret, if she agreed to make them, is not underage, there is little she can do about him showing the tapes.
If he posts sex tapes publicly without a protection for those under 18 ( like requiring a credit card to enter site) then it will be illegal to post porn
ChihuahuaMomma
May 9, 2010, 03:08 PM
She should have thought of the risks when she decided to make the tape.
Fr_Chuck
May 9, 2010, 03:15 PM
Similar issues when girls send naked photos to boyfriends on text messages and then get upset with the boyfriend sends them to everyone in school
ChihuahuaMomma
May 9, 2010, 03:20 PM
Exactly. If she was SO concerned with what her work friends would think or do if they SAW the video then she shouldn't have made. If it was such a big deal for other people to see it, she shouldn't have made it.
ScottGem
May 9, 2010, 03:32 PM
Some of it would depend on the actual content of the tape, if the sex tape is not too graphic and doesn't show nudity, it may not be illegal. But the only thing illegal about it would be the content. As long as she was a willing participant, then there is little to stop him.
There is a caveat here. If he is threatening to post the tape if she doesn't get back with him, that's extortion. If it can be proven then he's in big trouble.
However, constant calls is harassment and can be reported to the police. A Restraining order should put a stop to that. The RO might be expanded to include publishing information obtained while they were dating.
JudyKayTee
May 9, 2010, 04:34 PM
This is a legal board and personal info/advice is really not appropriate.
If she consented to the tape there is probably little she can do unless she is under age. As Scott said, if she gets a restraining order she may be able to include the release of this tape.
If he continues to call she should get a restraining order.
Do we know which State this is in?
brookeleigh
May 10, 2010, 12:08 AM
This is in California, she was under the influence. It was a video of her and her boyfriend and didn't believe it would get around. She does not feel safe. I told her to get a restraining order I hope she does this soon. The example given is he posted a video of her under the influence and not aware of what was going on. He had posted this video on Facebook. I think everyone knows that public website. So question here.. if she deletes him and he decides to publish it on his Facebook could he get into some serious trouble without her concent?
This video was also made in January, Liz has changed as a person now working for the church and does not want to bring back the past of any sort. He will not let her live past her mistakes as showed. Also as they were dating, he did not like her to attend church with her family and said that she has forced him to hate god.
He has also threat to harm her. If she doesn't have proof over a recording of the conversation can he still be guilty. And is a text message enough proof in the court?
ScottGem
May 10, 2010, 03:52 AM
We already answered the first question. Unless she can prove she was too drunk to not know what was happening (very hard after the fact), then she consented to the video and she can't stop it's posting.
I would suggest that she go to her employer and come clean about this. Tell them she is a changed person. Do NOT let them find out about this from another source.
A single text will not be enough. She can ask her telephone company for proof of constant calls, but if those calls lasted more than the few seconds it takes to hang up, it will not look good. She needs to keep a journal to try and document the threats.
JudyKayTee
May 10, 2010, 05:36 AM
There was a recent case in NY - I'd have to see if I can find it - where the boyfriend posted photos (not video) of the girlfriend semi-nude (or mostly nude) as well as a short video.
The Judge found that the girl herself had posted provocative pictures of herself and, therefore, the Court did nothing.
Interesting case - and another warning to people to be careful what they post.
AK lawyer
May 10, 2010, 05:44 AM
...
if he posts sex tapes publicly without a protection for those under 18 ( like requiring a credit card to enter site) then it will be illegal to post porn
If she was under 18, it doesn't matter whether such "protection" is implemented. He can be prosecuted for possession (or for posting) of such material (assuming it's pornographic).