Legal Question in Personal Injury in Nevada

Can someone write a non fiction book, and within it, mention my name several times, include my photos, and talk about my being sexually assaulted as a very young child, which is emotionally traumatic for me, and not have to get my permission?

I have heard that you can write about anyone without permission, as long as you do not defame their character. But this is such a personal and traumatic issue for me, I can't believe that someone can get away with writing about my personal torments, as well as include my name and childhood pictures.

This person (writer) is not a relative, is not a friend of a relative, is not a friend, is not a friend of a friend. I do not know this person personally, this person is a total stranger to me.

Please let me know if I have any recourse in this matter and where can I find any laws or legal information regarding this.

Also, I keep hearing about "lawyers vet books", and attorneys needing to "vet a manuscript" prior to it's publising. What exactly does "vet a manuscript" mean?

Thank you in advance.


Asked on 3/02/11, 1:47 pm

1 Answer from Attorneys

David Otto David Otto & Affiliates, PC

To vet, means to check something or someone out, to examine health or appropriateness to a position.

As for the book that mentions you by name and discusses private matters. You may have legal recourse depending on the nature of the disclosures, how public they were, how many people already know about them, how the writer received the information, how accurate it was etc. These are not easy cases to win. The types of Causes of Action a lawyer might consider are intentional infliction of emotional distress, intrusion upon seclusion, and perhaps civil conspiracy. But, the First Amendment protects all manner of offensive speech and these cases are very difficult to win. Further, most lawyers will not take a case of this kind unless they have a very good chance of winning. I am not sure at this point, under the facts

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Answered on 3/02/11, 5:59 pm


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