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When marriage goes bad, who gets the X-rated photos?

moshquerade

moshquerade

No Lifer
Modern divorce: Who gets custody of pornographic photos man posted of wife online?


CASSELBERRY - When a marriage goes bad, who gets the X-rated photos of the wife? In the case of Valeria Gentile and Erwin Cajamarca, the wife says she does.

She sued her soon-to-be-ex-husband last week in state circuit court in Sanford, accusing him of putting the photos on a Spanish-language porn site, distributing them via the Internet and, at times, using them during on-line sex chats.

The whole thing is humiliating, cruel and an invasion of her privacy, her suit alleges. Thousands of people have now seen her in a variety of sexual poses. She's demanding an unspecified amount of money.

Cajamarca, 39, an investment consultant, would not discuss the dispute, except to say that his estranged wife knew he was publishing some of the photos.

He took them with her consent before their marriage went sour, according to the suit.

So whose property are they?

They belong to both husband and wife, said Mitchel B. Krause, a Longwood divorce attorney.

This dispute, he said, it not uncommon among divorcing couples. Sometimes, ownership of these kinds of photos is one of the most contentious issues facing a divorcing couple, he said.

Usually, the spouse who'll be most embarrassed by them agrees to surrender other property to get them, he said.

"The husband will get the picture of the dog, the cat and the house and wedding photos, and the wife will get the other photos," he said.

Gentile would not comment. Her lawyer, Frank T. Allen, said she was embarrassed by the whole thing. She never agreed, he said, for the photos to be seen by anyone but her husband.

He should have destroyed them, her suit alleges.

The couple agreed to divorce months ago, according to court records. He filed the paperwork in April. And though they considered their marriage over, they continued living in the same Casselberry house until last week, Allen said.

Gentile discovered the photos two weeks ago on his computer, according to the suit.

The couple married in 2002. Their divorce was to be final Thursday, but neither one showed up for court
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http://www.orlandosentinel.com...082009,0,2080043.story


So who do you think should get the photos?
 
Both, duh!! They should be split up between them just like everything else. If they are digital, which they should be, both get all

EDIT: Oh yea and you're poll sucks
 
Originally posted by: AMDZen
Both, duh!! They should be split up between them just like everything else. If they are digital, which they should be, both get all

EDIT: Oh yea and you're poll sucks
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That's what I was going to say, they both get them.
 
Originally posted by: nakedfrog
Originally posted by: AMDZen
Both, duh!! They should be split up between them just like everything else. If they are digital, which they should be, both get all

EDIT: Oh yea and you're poll sucks
Click to expand...

That's what I was going to say, they both get them.
Click to expand...

they can't both get them. they are splitting up the assets, so to speak.
 
Neither. But you know this will rarely happen so the better policy would the last option.

Some say cockroaches will be the last living thing on earth. I say it's attorneys.
 
She let him take the pictures, now everyone who wants them can see them. Hindsight is 20/20, but that doesn't change what's done.
 
Originally posted by: moshquerade
Originally posted by: nakedfrog
Originally posted by: AMDZen
Both, duh!! They should be split up between them just like everything else. If they are digital, which they should be, both get all

EDIT: Oh yea and you're poll sucks
Click to expand...

That's what I was going to say, they both get them.
Click to expand...

they can't both get them. they are splitting up the assets, so to speak.
Click to expand...

And as we all know from the RIAA there can be only one!

Digital copy that is...
 
So in a related question, who gets the pussy in a divorce? I mean, seriously - split the assets equally I say.
 
Well, technically if he took the photos he would own the copyright. But, she can sue him if she didn't sign a model release since he is distributing them.
 
Originally posted by: xalos
Well, technically if he took the photos he would own the copyright. But, she can sue him if she didn't sign a model release since he is distributing them.
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If he doesn't have the required 2257 paperwork, which I assume he doesn't, he could go to FPMITA prison.
 
Originally posted by: DT4K
Originally posted by: xalos
Well, technically if he took the photos he would own the copyright. But, she can sue him if she didn't sign a model release since he is distributing them.
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If he doesn't have the required 2257 paperwork, which I assume he doesn't, he could go to FPMITA prison.
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LOL... That would always be a good icebreaker in prison.
 
Does she want the photos or control of the photos? If they're already out there on the internet it's a little late to say she wants them. You can't exactly retrieve them until you have all the copies as you would with paper photos.
 
There is no "his/her" possessions in a marriage. So the "she" let "him" take the pics on "his" camera is irrelevant.

In a divorce possessions are split, so this, like all other assets, have to be spelled out in the divorce papers.

However, pictures, especially digital ones can easily be copied. They should both get them.
 
Originally posted by: ultimatebob
I'm not voting until I see a "post them on the Internet, and PM me a link" poll option 🙂
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did you actually read the article?

Originally posted by: moshquerade
Modern divorce: Who gets custody of pornographic photos man posted of wife online?

She sued her soon-to-be-ex-husband last week in state circuit court in Sanford, accusing him of putting the photos on a Spanish-language porn site, distributing them via the Internet and, at times, using them during on-line sex chats.
Click to expand...
Click to expand...


i chose the last option.

(i got custody of those photos, even tho i know they will never see the light of day or the intarwebz)
 
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