Whatare my rightsif a nude photo of me was taken of me in the privacy of my home and posted without my consent?

Get Legal Help Today

 Secured with SHA-256 Encryption

Whatare my rightsif a nude photo of me was taken of me in the privacy of my home and posted without my consent?

My ex-boyfriend took a photograph of my nude body without my consent, than posted to 2 online websites. My face luckily is not in the frame, however, it is still my body. It taken in the privacy of my bedroom. I am a professional and this can certainly do harm to my career. I printed screenshots of the photo on the website and brought them to the police station to file a police report. I contacted the website 2 days ago to remove the photo and they still have not removed it. What can I do to have justice in this situation? Can I sue him for invasion of privacy? What about the website?

Asked on December 26, 2011 under Personal Injury, New York

Answers:

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

Answered 9 years ago | Contributor

You could sue your ex-boyfriend for invasion of privacy.  You could also sue the website for invasion of privacy.

Your ex-boyfriend would be liable for invasion of privacy because invasion of privacy is an unconsented and unprivileged invasion of your physical seclusion which occurred  since the photos were taken in your house without your consent.

Another type of invasion of privacy is the misappropriation of your name or likeness for commercial purposes.  The website's liability would be based on misappropriation of your likeness for commercial purposes which would be the nude photos that have been posted.

You would file one lawsuit naming both your ex-boyfriend and the website as defendants

Your damages (the amount of compensation you would be seeking in your lawsuit) would be general damages based on mental distress, harm to your social or business interests, and if applicable, physical illness.

Punitive damages which are a substantial amount separate from general damages would be applicable against your ex-boyfriend based on a wrongful motive for posting the photos.  Punitive damages are warranted when there are intentional, malicious acts.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption