Posting Of Nude Pictures...what Do I Do???

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SIMONCASHLEY8

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An Old Photographer Friend Heard That I Was Talking Bad Behind His Back So He Sent Threatening Text Messages And Voicemails To Both Me And My Best Friend...i Ignored Them...two Days Later He Posted A Nude Picture Of Me And Created A Fake Myspace Profile And Before I Reported It And Contacted Myspace He Already Had Over 100 Friends Who Viewed The Page...on The Page He Called Me All Types Of Names With The Nude Picture. The Nude Picture Was Of Me In The Shower...it Wasnt Like I Posed For It...i Had Spent The Night At His House And As A Joke When We Were Friends He Opened The Shower Curtain And Snapped A Picture....i Never Thought That He Kept The Picture Or Would Post It Online....i Would Like To Know What Are The Possibilites That I Could Sue Him For And Would I Be Able To Sue In Small Claims Court Or What Branch Of Court Would I Have To Sue Him In.....
 
If the picture was taken without your consent, you should probably send him notice first to take down the picture, which was taken without your consent and he should destroy all copies that he has in his possession. I don't have all the facts here but you immediately knew about the picture and hopefully your version is correct one and that it was without your permission.

With regard to getting the picture down, you might want to alert myspace with a "take down" notice concerning the picture and that it is intended to harass you. You should try to preserve as much evidence as possible but may also want to let MySpace know that you plan on filing a lawsuit against the individual who posted the picture and that they should preserve the evidence they may have on file. They can provide some of it to you with an information subpoena, which even small claims court can assist you with obtaining. Good luck.
 
In order to sue him you have to prove damages. You might want to see an attorney and maybe get a ceist and desist letter sent to him but you have no case just to sue him because you are mad he put the picuture up.
 
Duranie makes a great point - to add, if the defamation deals with a woman's promiscuity (as this implies), it can constitute as per se defamation, where damages are assumed. Here are the others and, below it, a list of states that recognize defamation per se:

* Allegations that an unmarried person is unchaste;
* Allegations that a person is infected with a sexually transmitted disease;
* Attacks on a person's professional character or standing;
* Allegations that the person has committed a crime of moral turpitude;

Alabama (AL) – Yes
Alaska (AK) – Yes
Arizona (AR) – No
Arkansas (AR) – No
California (CA) – Yes
Colorado (CO) – Yes
Connecticut (CT) – Yes
Delaware (DE) – Yes
Florida (FL) – Yes
Georgia (GA) – Yes
Hawaii (HI) – Yes
Idaho (ID) – Yes
Illinois (IL) – Yes
Indiana (IN) – Yes
Iowa (IA) – Yes
Kansas (KS) – Yes
Kentucky (KY) – Yes
Louisiana (LA) – Yes
Maine (ME) – Yes
Maryland (MD) – Yes
Massachusetts (MA) Yes
Michigan (MI) – Yes
Minnesota (MN) – Yes
Mississippi (MS) – No
Missouri (MO) – No
Montana (MT) – Yes
Nebraska (NB) – Yes
Nevada (NV) – Yes
New Hampshire (NH) – Yes
New Jersey (NJ) – Yes
New Mexico (NM) – Yes
New York (NY) – Yes
North Carolina (NC) – Yes
North Dakota (ND) – Yes
Ohio (OH) – Yes
Oklahoma (OK) – Yes
Oregon (OR) – No
Pennsylvania (PA) – Yes
Rhode Island (RI) – Yes
South Carolina (SC) – Yes
South Dakota (SD) – Yes
Tennessee (TN) – No
Texas (TX) – Yes
Utah (UT) – Yes
Vermont (VT) – Yes
Virginia (VA) – Yes
Washington (WA) – Yes
Washington, D.C. (DC) – Yes
Wisconsin (WI) – Yes
Wyoming (WY) – Yes
 
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