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  1. #1
    Join Date
    Dec 2012
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    1

    Default Can You Sue Somebody Who Steals Naked Pictures of You and Posts Them Online

    My question involves defamation in the state of: Let me start by saying I NEVER post ANYTHING incriminating online....I am in the military and can NOT afford a situation like this....however.....My ex boyfriend had some naked pics and video of me on his email.......well his current girlfriend HACKED into his email account one day when he was at work and downloaded the pics and video. She is now messaging online (so I have written documentation from her) saying that she is now going to post the pics and videos online. My question is.....Do I have ANY legal recourse against her to STOP her from doing this?? These pics where NOT hers.....she hacked his email account and stole them. I also have text messages from MY ex stating that she hacked his account!. I know this is NOT considered defamation however I didnt know what other topic to post it under.
    Please advise.

    Thank you

  2. #2

    Default Re: Can You Sue if Someone Steals Naked Pics and Posts Them Online

    You don't have any means to PREVENT her from taking action - you can only REACT if she actually DOES. The nature and scope of such reaction will depend on what she does, and what damages you incur. You gave him the pics, so they now belong to him. The pics were stolen from HIM - soi if HE wants to pursue action against his GF for accessing his email, that's up to him. Don't hold your breath on that front. Moral of the story being: once you send images, naked or otherwise, you have NO way to control what happens to them, or who else has access to them. Whether you'd eventually have any claim for damages or copyright infringement will depend on the specifics of any USE that is made of the images, and the burden and hefty expense to prove damages in court resulting from such use would rest on you.

  3. #3
    Join Date
    Jul 2012
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    479

    Default Re: Can You Sue if Someone Steals Naked Pics and Posts Them Online

    I disagree that there's nothing to be done about it. You're free to contact local or state law enforcement about this, and urge the ex to communicate with them if he's contacted about the unauthorized access to his account. Even if he won't cooperate, I think the evidence suggests wrongdoing on the part of the girlfriend and maybe a phone call from police will work.

    If it's that important, naturally you can contact a local attorney to write her a letter demanding that she return X electronic files to you and that you will seek an injunction if she refuses.

  4. #4
    Join Date
    Jul 2010
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    8,006

    Default Re: Can You Sue if Someone Steals Naked Pics and Posts Them Online

    Quote Quoting Foster_Foster
    View Post
    I disagree that there's nothing to be done about it. You're free to contact local or state law enforcement about this, and urge the ex to communicate with them if he's contacted about the unauthorized access to his account. Even if he won't cooperate, I think the evidence suggests wrongdoing on the part of the girlfriend and maybe a phone call from police will work.

    If it's that important, naturally you can contact a local attorney to write her a letter demanding that she return X electronic files to you and that you will seek an injunction if she refuses.
    The police probably aren't going to get involved as OP is NOT the victim of a crime. OP has no standing regarding the GF accessing her ex's email account. If the victim (the ex) does not wish to cooperate, it is likely the police will close the case with no further action.

    The lawyer cannot demand that the GF return the files to OP because they are no longer OP's. They belonged to her ex at the time they were stolen.

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: Can You Sue if Someone Steals Naked Pics and Posts Them Online

    How do you "return" a digital image?

  6. #6
    Join Date
    Sep 2012
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    1,991

    Default Re: Can You Sue if Someone Steals Naked Pics and Posts Them Online

    best thing you can hope for is she tries to extort something from you in exchange for not posting them.

    if she posts them for her own gratuitous enjoyment of humiliating you, you will face an uphill battle to get anything done about it, and the internet has a way of reacting to attempts to force something be removed by copying it far and wide.

    however if she tries extortion at least you can likely have her arrested for it

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