I sent my ex some nude photos and video and his girlfriend is threatening to post them online. If she does can I sue her?

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She found them while snooping in his email's trash folder.

Attorney Answers

3
Paul R. GoodmanInternet LawyerNew York, NY ·
You would be able to see and you might be able to prosecute. I am not sure many lawyers here will know the laws of the VI.
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Michael Cernyar ·
There are many laws to stop her, but I'm not certain of the specific laws in your area. So contact an attorney near you. Good luck.
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Johnrussell Pate ·
With the rise of the internet, posting nude photos of ex-wives/ex-girlfriends has become a social problem. Since this is a new phenomenon, most States and Territories have not caught up to present technology. I am not aware of any law in the U.S. Virgin Islands specifically tailored to “revenge porn.” A few States, like California and Arizona, have enacted specific laws to create civil and criminal liability for revenge porn. New York, Texas, Wisconsin and Georgia have bills pending. Without a specific law in the USVI, there is no clear road for bringing a lawsuit or for the government to prosecute the offender. However, many other possible laws exist that could be used. If you bring a case, it would most likely be the first case in the Territory, thus, this case would have to blaze the trail. On the criminal side, if the pictures of you are when you were younger than 18, then it is considered child pornography and there are very steep penalties of prison time and fines. It would be very risky for a person to post nude pictures of someone when if they could not conclusively prove the person was over 18. Second, if the person tries to use the threat of posting the pictures to ask for money or other things of value, then this could be blackmail or extortion – a criminal act. On the civil side, pictures you took are protected by copyright. Copyright laws were designed to protect artists, photographers, movie producers, musicians. Actually, copyright penalties have some teeth. There could be other possible common law claims, like intentional inflection of emotional distress, which could be a viable legal theory. Even if there is not a specific law on point, posting revenge porn is generally abhorrent to judges and juries alike, so even attenuated legal claims may be allowed to move forward for monetary damages and injunctive relieve against the person posting the pictures. Still, the complication in the Territory is this would be something new. Most likely no attorney in the Territory has experience handling this type of case. Last, if the defendant has no money or assets it is unlikely any attorney would want to take the case because there is little chance of collecting a judgment (unless you pay hourly rates to your attorney). However, in the USVI you could file a lawsuit in Small Claims court. Attorneys are not allowed and you can seek damages up to $10,000. Last, I would build a political support group and bring this issue to your Senators. If you find a Senator willing to support the legislation to protect women (and men) against revenge porn, I would be happy to draft the bill. Here are some links regarding revenge porn: Civil Lawsuits: http://www.houstonchronicle.com/news/houston-texas/houston/article/Jury-awards-500-000-in-revenge-porn-lawsuit-5257436.php http://www.ibtimes.com/us-law-firm-fights-revenge-porn-copyright-infringement-lawsuits-1800076 Criminal Charges: http://www.nbcsandiego.com/news/local/Kevin-Bollaert-Revenge-Porn-Sentencing-San-Diego-298603981.html http://losangeles.cbslocal.com/2015/04/09/man-convicted-under-revenge-porn-law-sued-by-ex-girlfriend/
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