Legal Question in Sexual Harassment in Kentucky

If one has a nude picture of someone that was volentarly given, is it considered sexual harassment or just harassment if it is posted online?

Asked on 6/22/11, 6:57 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office
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Not unless the individual in question is a boss or a coworker, or someone else in a position of authority or control over you. You might have a civil case for invasion of privacy and copyright violation, but it probably would not meet the definition of "harassment" if you were wanting to pursue criminal charges.

You should contact the person's ISP/website host/etc., where the photo was posted to have the content removed on the basis of copyright, which should happen pretty quick. (If you took the photo, and it's of you, you own the rights to the photo.) Then contact a local attorney and hire him/her to send a strongly worded letter to the individual that he/she should immediately remove the photo if it is still up, stop distribution of the photo in any form and to delete all copies of the file. Usually a threat of a lawsuit is enough to take care of the problem, but you might actually have to file suit.

In the future, understand that providing others with naked photographs of yourself is never a good idea, unless you want them published. Once the content is out there on the internet, it can be removed from the website, but really, it's out there forever.

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Answered on 6/23/11, 8:03 pm

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