Extorted Over Extramarital Affair With a Prostitute
My question involves criminal law for the state of: Georgia
Although I am resident of Europe I have had paid sex with a porn star/prostitute solicited from Georgia but the acts occurred in Europe. She has subsequently extorted and blackmailed money out of me to avoid her divulging details to my wife, business and friends that she found out about by for example checking my phone when I was asleep or by noting my telephone conversations or other details whilst she was with me. There are Data Protection Laws in Europe to prevent her divulging any information she knows about me to my detriment to anyone and my question is of a two part nature 1) are there similar laws enacted in the Sate of Georgia to protect people's personal information? 2) Is is possible to get an immediate gagging order there from over here in the UK?
Apologies if this question is in the wrong forum!
Re: Extorted Over Extramarital Affair With a Prostitute
In order to try to initiate criminal charges in Georgia you would have to demonstrate a nexus between the alleged criminal activity and the state of Georgia such that the state accepted that Georgia has jurisdiction, and also committing to be available (i.e., physically present in Georgia) during certain key points during the prosecution so that the prosecutor would be able to substantiate the charge in court.
Getting a restraining order on speech issues is considerably more difficult in the U.S. than in the U.K., due to First Amendment concerns, and it is extremely difficult to get a court to restrain somebody from disclosing truthful behavior. It's unlikely that you would be able to handle the matter yourself from overseas (leaving aside any travel required for court hearings), so I expect you're looking at paying a lawyer to fight an uphill battle, with the other side knowing that if they contest your allegations you'll have to travel to the U.S. to give testimony.
Re: Extorted Over Extramarital Affair With a Prostitute
If the said woman is domiciled there pays her mortgage and services there and owns a house there and has been arrested several times for other offences there surely proves that it is within Georgia's jurisdiction?
Re: Extorted Over Extramarital Affair With a Prostitute
The filing of a court action itself can trigger the exposure of your transgressions. IMO, the best scenario is to "fess up". European standards are even more relaxed than US about sexual transgression.
Re: Extorted Over Extramarital Affair With a Prostitute
None of those impact jurisdiction. What matters for jurisdiction is where the CRIME itself occurring. If you can convince authorities in Georgia that she's in Georgia when she commits whatever acts you think are extortion, then they may take the case. If Georgia authorities assert that the crime actually occurs where YOU are, then your local authorities get a crack at it. It really depends on the mechanics of how the supposed extortion is occurring.
But as Mr. K. pointed out, how willing are you to travel back and forth to Georgia to assist in any investigation, provide evidence, or testify? You won't just get to kick back overseas and expect authorities to be able to deal with the matter without your active participation.
And you must of course realize that soliciting a prostitute in Georgia is also illegal - so when you walk in to explain about the extortion, you open yourself up to criminal prosecution as well. You'll have to confess to your own criminal behavior in order to complain about her criminal behavior. Guess how law enforcement feels about that? Two arrests are better than one - especially since you'll have to give a sworn statement outlining how you solicited a prostitute in order to even get a criminal case against her started. if you're going to cheat on your wife, for God's sake don't do it with a hooker. Good way to end up signing divorce papers from the wrong side of bars.
Re: Extorted Over Extramarital Affair With a Prostitute
OK I said she is domiciled there I emailed her there and she came over to actually Switzerland the first time. So I did not solicit her in the usual way in Georgia. Of course I know soliciting there is illegal, it was on-line where she advertised her services and I was in the UK or certainly in the EU at the time where prostitution is legal at least in the countries I work in. Everything that has transpired has been on-line me in Europe and her in Europe/ Georgia/ Seattle as far as I can ascertain, but I know for a fact she lives in Georgia. What I am trying to do is get her off my back and stop her using any information that she has about me, my business, connections or anything that I did not expressly give her permission to use. I understand the point of the First Amendment but does that mean you can say truths and untruths about anyone you wish with impunity in the US even though potentially it could destroy them?
I do understand that I will not be able to stop this from Europe but surely the US has suitable laws to stop people destroying peoples reputation and livelihood which she is threatening to with information she has no right to.
Re: Extorted Over Extramarital Affair With a Prostitute
Quote:
I do understand that I will not be able to stop this from Europe but surely the US has suitable laws to stop people destroying peoples reputation and livelihood which she is threatening to with information she has no right to.
There are no laws in the United States prohibiting one from telling the truth.
If someone's truth-telling destroys your reputation, the fault lies with you for engaging in reputation destroying behavior, not with the person telling the truth about it.
Re: Extorted Over Extramarital Affair With a Prostitute
I understand that point on freedom of speech. Are you saying therefore that even if a distortion of that truth is used maliciously in the context of obtaining money by blackmail and extortion there is no defence in the US?
Re: Extorted Over Extramarital Affair With a Prostitute
She is allowed to disclose your personal information.
What is the distortion of the truth? Yes, she can maliciously contact your wife and employer, and tell them what you've been up to.
Re: Extorted Over Extramarital Affair With a Prostitute
You remain completely free to report what happened to legal authorities in Georgia - you can read the extortion statute here. But again, if you're not willing to travel to Georgia as necessary to support a criminal prosecution, even if they find cause to do so you cannot anticipate that they'll prosecute.