If my ex has explicit pictures of me and is threatening to send them to others, what are my rights?

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If my ex has explicit pictures of me and is threatening to send them to others, what are my rights?

I am a minor and he is threatening to distribute nude pictures and videos of me.

Asked on September 27, 2010 under Personal Injury, Oregon

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the pictures and/or videos are distributed, your ex could be sued for invasion of privacy and intentional infliction of emotional distress.  There are different aspects of invasion of privacy.  The types of invasion of privacy that would be applicable here would be (1) a serious and unreasonable interference with your right to be left alone and (2) public disclosure of private facts.

Intentional infliction of emotional distress is an extreme and outrageous act intended to cause and which does cause you emotional distress.

Damages (the amount of compensation to seek in the lawsuit) would include compensatory damages and punitive damages. Compensatory damages are to compensate you in this case for invasion of privacy and intentional infliction of emotional distress. Punitive damages are an amount to punish the defendant (your ex) for intentional and malicious acts (distributing the pictures and/or videos).

The lawsuit against your ex would have two causes of action (claims); invasion of privacy and intentional infliction of emotional distress.  The problem however is that since you are a minor, you would not be able to file a lawsuit yourself.  You would need an adult ( such as a parent) to be named guardian ad litem to sue on your behalf.  If the pictures and/or videos are distributed and you are within a few months of age 18, you could wait until turning 18 and then could file the lawsuit yourself since you would no longer be a minor and would not need a parent as guardian ad litem.  If you are more than a few months away from age 18 when the pictures and/or videos are distributed, you should have the guardian ad litem file the lawsuit for you depending on the applicable statute of limitations in your state because if the statute of limitations expires, you will lose your rights forever in the matter.  You did not say whether or not your ex is 18.  If he is 18, he can be sued if he distributes the pictures and/or videos.  If he is under 18, your lawsuit should be filed against his parents. 


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