Can My Ex Boyfriend Post Nude Pictures of Me on the Internet & Send in Emails

[Jennifer10604]

My question involves defamation in the state of: NY

There is currently an order of protection to prohibit my ex boyfriend from contacting me.

He has sent a friend of mine - someone he doesn't know personally - an email with nude photos of me and the information that he's creating a web site about me with these photos that he intends to make public. He also said he sent them to other unnamed people via email.

These are photos that he took during our relationship, with the explicit understanding that they were never to be seen by anyone else.

I am extremely distressed about this and the impact it will have on my reputation with family, friends, business associates and clients (I'm a small business owner).

Do I have any recourse?

Thanks.

[cyjeff]

On Monday, sit down with a lawyer and get him/her to draft a cease and desist letter for you.

[Mr. Knowitall]

Take a copy of the order, a copy of the email, and whatever else you have to support your claims, and make a supplemental police report to the station where you presumably already made a report of the conduct that resulted in the order of protection.

[jk]

My question involves defamation in the state of: NY

There is currently an order of protection to prohibit my ex boyfriend from contacting me.

He has sent a friend of mine - someone he doesn't know personally - an email with nude photos of me and the information that he's creating a web site about me with these photos that he intends to make public. He also said he sent them to other unnamed people via email.

These are photos that he took during our relationship, with the explicit understanding that they were never to be seen by anyone else.

I am extremely distressed about this and the impact it will have on my reputation with family, friends, business associates and clients (I'm a small business owner).

Do I have any recourse?

Thanks.

not sure how this would be seen as defamation. There is nothing untruthful in what he is doing.

if you are considering it to be defamation of character; you did pose for the pics, right?

did he alter them?

then how is it defamation? Is he inferring anything about you along with the pics?

the big problem is; these are his pictures which you allowed to be taken. He can generally publish them without recourse.

the problem for him is your order of protection. It may be stretched far enough that his contact with your friend, due to his lack of relationship with them, was intended to act as a contact by him to you. That may buy you something but other than that, I think you lose.

[BeenThroughThis]

not sure how this would be seen as defamation. There is nothing untruthful in what he is doing.

if you are considering it to be defamation of character; you did pose for the pics, right?

did he alter them?

then how is it defamation? Is he inferring anything about you along with the pics?

the big problem is; these are his pictures which you allowed to be taken. He can generally publish them without recourse.

the problem for him is your order of protection. It may be stretched far enough that his contact with your friend, due to his lack of relationship with them, was intended to act as a contact by him to you. That may buy you something but other than that, I think you lose.

Just curious,
What would be the difference if he altered them?
Also, what would happen if a person gave 'altered" evidence into discovery?
thank you

[Jennifer10604]

Thank you for your answers.

I don't know enough about the law to know if this is even a question of defamation. Should I have posted this in another section of the site?

Per the advice above, I'll contact a lawyer regarding the cease and desist.

Thanks again.

[jk]

Just curious,
What would be the difference if he altered them?
Also, what would happen if a person gave 'altered" evidence into discovery?
thank you

depending on what he altered, the pics could be defamatory.

a simple example; nude pic of GF.

Now nude pic of GF involved with another person (not getting into details but use your imagination).

Obviously the new pic is not real and as such no longer truthful therefore, possibly defamatory.

[jk]

Thank you for your answers.

I don't know enough about the law to know if this is even a question of defamation. Should I have posted this in another section of the site?

Per the advice above, I'll contact a lawyer regarding the cease and desist.

Thanks again.

I did not mean to mean you should have posted this elsewhere. it just that I saw no defamation from what you posted.

[Jennifer10604]

Do actions such as those I described above constitute harassment or stalking when combined with other behaviors such as repeated IMing with veiled threats to me and friends of mine while the OOP is in place? I have already reported his IMs, emails and phone calls to the police, but they seemed unsure how to handle what I view as a threat to publish the photos.

I guess my real question is not whether or not this constitutes defamation, but whether or not I have legal recourse to prevent him from taking those actions. I'm guessing the cease and desist is the way to go, as recommended above.

Thanks again

[jk]

I do not believe the cease and desist will amount to anything, especially if what he is doing is not illegal. It may, depending on how RO's are dealt with in NY cause you to be in contempt of your own order of no contact.

Follow Mr.K's advice but instead of calling the police, contact the prosecutors office directly. Especially since the police seem to be at a loss as to this situation, it would be referred to the DA anyway for them to determine the position of the courts.

In most states I am aware of, you can contact them directly.

as I said before, publishing your nude pics themselves is most likely not illegal. It is the intent behind the publishing and the actions with the your friend that would be the complaint.