Los Angeles, CA asked in Criminal Law and Internet Law for California

Q: My girlfriend was recorded peeing in the restroom by a man we know who he is, if I punch him when I see him can he sue?

She was at an event and the man stuck a camera under the stall and recorded her peeing, it she knows it showed her crotch and face together. They found out who it was at the event and we got security camera footage of him following her into the restroom. We intend to file a police report and contact a lawyer. How do we make sure they find the video and delete it permanently, it could be on his phone, icloud/google photos, computer, pornhub, anywhere. We also want him in jail and want to sue him. What is the best action to take?

Responding to Dale: Thanks for your quick response Dale, how can the DA help in this? I can't believe that non emergency police are not open now or on Sunday. I'm super worried that he's going to spread this around.

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4 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: don't hit him or you will be arrested for assault and battery...........

have your lawyer send a non-spoliation letter, demanding they preserve the tape.

the police and DA can do a lot of the work for you to save you money

Neil Pedersen and Brad S Kane agree with this answer

1 user found this answer helpful

Brad S Kane
Brad S Kane
Answered
  • Los Angeles, CA
  • Licensed in California

A: File a police report. Your girlfriend can sue for invasion of privacy.

Do not punch someone in the face. You could be charged with assault and battery as well as civilly sued.

Neil Pedersen agrees with this answer

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: As gratifying as it might feel to smack this guy, it would be foolish for you to commit a crime to get retribution. Vigilante justice is against the law. Let the criminal and civil courts do what they do best.

File a police report immediately. The longer she waits, the more likely the video will be forever part of the internet with no chance of getting it entirely wiped out.

As to suing this person, locate an attorney who is competent to handle internet invasion of privacy cases, and consult with that attorney. While the wrong is unquestionable, suing scumbags often result in no effective recovery, or such small of a recovery that it makes no sense to pursue it.

Good luck to you.

James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: Do not punch the man. Your girlfriend needs to speak with the police and civil attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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