I need to know what are my rights as I just found out I was video recorded having sex without my consent, Louisiana, It

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Customer: I need to know what are my rights as I just found out I was video recorded having sex without my consent
JA: Where are you located? Privacy laws vary by state.
Customer: Louisiana
JA: Did the recording happen in a public or private space? Where was the device exactly?
Customer: It happened in my hotel room
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't know where the device was I didn't know until minutes ago
Answered by AnthonyC127 in 7 mins 1 year ago
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AnthonyC127
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AnthonyC127, Expert

Hi, and thank you for asking at JustAnswer. I’m Anthony and I will serve as your legal expert. I’ve practiced law for over 25 years, worked for one of America’s leading firms (AmJur 100) and graduated from a top (tier 1) law school. My goal is to provide a correct answer to your question in the manner I would treat a friend that asked about a similar issue at an informal gathering. JustAnswer provides expert opinions on general legal issues; this does not create an attorney-client relationship and is not the same as full-service counsel from a licensed attorney in your jurisdiction. Per the rules of JustAnswer and my state bar, I cannot form an attorney-client relationship via this site. I will provide an expert opinion, but cannot complete forms or perform other tasks that would be defined as legal representation, as I may not be licensed in your jurisdiction. The site makes automated premium service offers to allow us to speak about the issue via a phone call – those offers are automatically generated by JustAnswer, and do not emanate from me; while you may accept that if you prefer to communicate via voice, it is fine to continue with our typed interaction.

I recognize your need to know how the law applies, and am sorry that you are having difficulty with your legal issue. I am here to assist you. Please give me a few minutes to review statutes pertaining to your situation and to type an initial response; my answer may have underlines which are links to websites for more information.

I am sorry that happened to you. Louisiana Revised Statutes Tit. 14, § 283 criminalizes video voyeurism and declares the video to be contraband. You may file a police complaint, and definitely should if a third party was involved.

If the video is being shown to others, Louisiana Revised Statutes Tit. 14, § 283.2 governs nonconsensual disclosure of private images.

A person can be charged and convicted under Louisiana R.S. 14:283.2 if all of the following facts are proven:


  • The person intentionally posted, shared, distributed or disclosed an image of another person who is seventeen years of age or older, who is identifiable from the image or information displayed in connection with the image, and whose intimate parts are exposed in whole or in part.

  • The person who posted the image obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private.

  • The person who disclosed the image knew or should have known that the person in the image did not consent to the disclosure of the image.

  • The person who disclosed the image had the intent to harass or cause emotional distress to the person in the image, and the person who committed the offense knew or should have known that the disclosure could harass or cause emotional distress to the person in the image.

You may also file a civil suit for damages related to invasion of privacy and emotional distress caused by this issue.

Customer
Can you call me
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AnthonyC127, Expert

The system will offer a phone call as a premium service; I'll accept a call if you want premium service; I can also continue to text.

Customer
I mean this was not consensual at all. I was just told by another friend and there are 2 videos
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AnthonyC127, Expert

Give me a few minutes prior to accepting a call offer -- I'll be on a client call for about ten minutes and will respond when I'm back at my computer.

Customer
I consider my sexual endeavors to be personal and not watched or vidoed. I know it was shown to a couple of ppl
Customer
sir
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AnthonyC127, Expert

OK, I'm back. You can both file a criminal complaint and pursue a civil lawsuit for damages on this matter.

Customer
I am completely applauded by this
Customer
It was my hotel room and I had no clue that It was being recorderded
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AnthonyC127, Expert

Go ahead and file a criminal complaint. If you do not want to press criminal charges, you can hire an attorney (locate a local one via Martindale.com) or use a web service such as LetterDash.com to send a letter demanding that the video be destroyed and any circulation ceased.

Customer
I appreciate you giving me such great advice . I have daughters three to be exact that oh my God I would be humiliated if ever they would see or hear about this I am humiliated me on the point because I trusted this person I don't let anybody just into my hotel room and have sex with them I hold my sexual encounters close to me and that I just feel really violated as a female
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AnthonyC127, Expert

You were definitely violated, and your privacy was invaded. Re-read my initial response. The underlined phrases are links to the legal statutes.

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AnthonyC127, Expert

It was my pleasure to serve you: I hope I’ve provided the information you were seeking, and that it will result in a positive resolution of the situation.

Please do not respond to this message, as the system will then mark it as an unfinished exchange. Thank you.

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