Q: My teen was sexually assaulted, the person was been caught and charged.
Is there any lawyer that would take my case on this matter, I want these people to pay for what happened to my daughter.My teen was sexually assaulted, the person was been caught and charged. I want to sue if possible him, the person who took the video and posted it online, also the home owner.
A: Thank you for posting your question. I am very sorry to hear about what happened to your daughter. To answer your question, yes, I think you would be able to find a lawyer to assist you, and certainly, at the least, to advise you on possible legal remedies, one of which may be an action under Indiana Code §§ 34-21.5-1-1 to 34-21.5-3-4. Indiana Code § 34-21.5-3-1 provides for a cause of action when an intimate image of a depicted individual is created or obtained under certain circumstances and disclosed to a third party with intent to harass, intimidate, threaten, coerce, embarrass, gain profit at the expense of, or cause physical or financial injury or serious emotional distress to the depicted person when the person making the disclosure knows or acted in reckless disregard to whether the depicted individual was identifiable in the intimate image and did not consent to the disclosure to the third party. Under Indiana Code § 34-21.5-3-2, damages may include (1) the greater of economic and noneconomic damages caused, including damages for emotional distress, or statutory damages not to exceed $10,000.00 against each liable defendant; (2) an amount equal to any monetary gain made by the defendant from the disclosure, (3) punitive damages, and (4) reasonable attorney’s fees, court costs, and additional relief, such as injunctive relief.
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