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Privacy / consent

Discussion in 'Other Legal Issues' started by SunnyDSquirrel, Mar 20, 2017.

  1. SunnyDSquirrel

    SunnyDSquirrel Law Topic Starter Guest

    Jurisdiction:
    California
    Hello, I had consensual sex with a man (we are both adults) and last night he text messages me and tells me he took video of me / us while we were having sex. He never asked if he could. I DID NOT give consent for any pictures or video to be taken..
    Is there any laws against this? I feel so violated. He sent me a couple of pictures and told me he did this on text messages. I have the proof. What should I do. Call the police?
    He is also threatening to post the pictures on craigslist if I do not return some items he claims I took from a motel room. I dont know what the items are, he will not send a list. I did not take anything that was not mine. Is this backmail? I appreciate any advice.
    Sunny in California
     
  2. army judge

    army judge Super Moderator

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    Stop communicating with the pervert.
    The law might help AFTER he posts the pictures.
    The law won't do anything before he posts the pictures.
    Of course, you're always free to call the police to prove it to yourself.
    If someone wants to get your goat, that can only be done if you're listening.


    Stop communicating with the pervert today,
    Do it straight away,
    Block the pervert to make it disappear,
    Don't let your goat even try to hear,
    Because them there pesky perverts tend to like to scare,
    Stayin' 'roun' you to keep aware,
    Them pesky perverts likes to know your comings and goings,
    Keep yourself safe from any unwanted bangings,
    Ignore that perv,
    Use all your nerve,
    You better start using some preventions,
    'Cause them old perverts got bad intentions.
     
  3. shrinkmaster

    shrinkmaster Well-Known Member

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    How long have you known this person?
     
  4. mightymoose

    mightymoose Well-Known Member

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    Research California cases People v Gibbons and People v Zuber.

    You may have a legitimate claim if the video truly exists, and especially if it contains audio.

    You can ignore him and hope it goes away, or report it to the police and endure the embarrassment of having to disclose what happened and produce photos, etc. If you report it you may feel most comfortable to visit your local law enforcement station and request to speak directly with a sex crimes detective. If you produce the text message images he sent police can likely get a warrant to search for more.
     
  5. SunnyDSquirrel

    SunnyDSquirrel New Member

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    3 weeks
     
  6. SunnyDSquirrel

    SunnyDSquirrel New Member

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    Thank you. He sent me screenshots. And is using the information to cyberbully and blackmail me.
     
  7. SunnyDSquirrel

    SunnyDSquirrel New Member

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    Thank you
     
  8. leslie82

    leslie82 Well-Known Member

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    Stop talking to him. There's nothing you can do unless he posts the video/pictures. I would just block him. He sounds like a creep and a bad person.

    If you really want to you can go to the police. But if it was me I'd just block the a$$hole. If he uploads it he does. Oh well. Then I take his ass to court. Did you meet him on Craigslist? My ex trolls for women on Craiglist...I'm not sure why. That seems like the seedy underbelly of the dating world.
     
  9. mightymoose

    mightymoose Well-Known Member

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    Not true in California. There are criminal and civil penalties for recording without consent. This falls under the eavesdropping statutes and has been upheld by California courts under similar circumstances.
    If she didn't have any evidence options might be limited as his comments alone might not justify a warrant and further police action. However he sent her photos of the alleged video.
    I could have a warrant to search his phone and any other electronic devices in less than an hour.
     
  10. SunnyDSquirrel

    SunnyDSquirrel New Member

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    Thank you so much. I wish I could afford a lawyer. He keeps threatening me with violence. Saying he will "end me". I have been nervous to go to the police becausel of an old shoplifting (socks when I was homeless) case. A If I have a warrant that has nothing to do with this. When I go to the police station will they arrest me for that old warrent?
     
  11. SunnyDSquirrel

    SunnyDSquirrel New Member

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    Also does it change the opinion of the court if I had sent him a couple of pictutes by my choice?i still did not consent to the video or have any idea that he took it. I have screen shots of all of our correspondents since the first. He does admit to taking the video, knowing I didnt know and sent me 2 stills from it. My face does not show. He claims to have many more.
     
  12. leslie82

    leslie82 Well-Known Member

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    If you have a warrant and for some reason they were to look your name up and find out that you have it, yes they will arrest you. But I can't see that they would look you up if you go in there to file a complaint. I don't know if police do that regularly when someone files a complaint. How long ago was it? Do you know for a fact you have a warrant? Did you ever get charged with that shoplifting?

    You need not worry about that. I think that would be on the bottom of the list of any prosecutor and they would probably dismiss it or make a deal with you if it's a really old charge and warrant. Stealing socks doesn't seem like it would be that serious of a charge but I don't know.

    If you file a report and a prosecutor decides to press charges and it goes to trial yes the fact you sent him pictures would be brought up by his lawyer. The defense lawyers will do whatever they can to discredit any witness or the victim. It's just like in rape cases the defense lawyer will bring up if the victim was drinking or what he or she was wearing and so on. But you aren't even to that point yet. I wouldn't worry about that.

    If you report this and it goes to trial I would find someway to hire a lawyer or you can at least consult with one. You can consult with one now - most give free consultations.
     
  13. army judge

    army judge Super Moderator

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    I can't know about CA, but in TX, the police run names every time anyone makes contact with them, and its especially true when the police initiate contact.
     
  14. leslie82

    leslie82 Well-Known Member

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    I said I didn't know. But if they do I would think that would be handled pretty easily if it's an old case wouldn't it? I mean hell my ex was looking at a year for criminal mischief and 3 months for taking my car last year. He sat there a month in county jail and the prosecutor said "if you plead guilty I'll give you time served."

    I would suggest filling the police report and dealing with that and get it over with if she has a warrant.
     
  15. army judge

    army judge Super Moderator

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    As my sweet, dear granny would always say, "Sonny, if wishes were horses, even beggars could ride, and all kids could eat candy all day long."
     
  16. SunnyDSquirrel

    SunnyDSquirrel New Member

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    Thank you a so very much. I will go to my local police station today. I am sure this cteephas done this to other women and will do again. I cant, not do something. The warrent is pretty old if there is one.
     
  17. mightymoose

    mightymoose Well-Known Member

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    An old warrant for petty theft, if it exists, would not likely result in arrest. It would get a citation with a court date, like a traffic ticket.

    If you are receiving threats you can also report those and seek a protective order from the court.
     
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  18. mightymoose

    mightymoose Well-Known Member

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    No. It is a seperate issue.

    This information, if given to a competent investigator (not a beat cop) could be very useful to obtain a warrant, confiscate any illegal recordings he has, and hold him responsible.
     
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  19. mightymoose

    mightymoose Well-Known Member

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    If the warrant is for a petty misdemeanor an arrest is incredibly unlikely.
     
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  20. SunnyDSquirrel

    SunnyDSquirrel New Member

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    Yes, i did meet him from craigslist. The last one I met was really great. I wil stick to single or friends reccommending decent men
     

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