A Portland, Oregon woman recently learned that her ex-boyfriend secretly videotaped them having sex. She was very upset, and she wanted to know her rights.
A few years ago, the owner of an Oregon tanning salon videotaped naked women in his store. He recorded some women trying on swimsuits in dressing rooms and in the "private" tanning rooms. We represented a woman, sued, and recovered money for her. But more importantly, I went to the legislature, and we got a law passed.
ORS 163.700 makes it a crime to secretly photograph or videotape another person who is nude if the person reasonably expected privacy in the place and under the circumstances.
ORS 30.865 strengthened the right to sue in civil court for nude pictures or video. It expanded the existing right to sue for invasion of privacy by creating a claim for attorney fees on top of compensatory money damages. The law covers all of the following: (1) the photographing or recording (2) peeping toms who do not record (3) taking pics or videos of intimate areas, which would include "upskirt" shots, and (4) uploading or otherwise disseminating the pictures or videos.
I suggested to the woman that she give her ex-boyfriend 48 hours to deliver the videos and otherwise satisfy her that her privacy would be restored before bringing the law down on him.
Jeff Merrick, Oregon Trial Attorney
503-665-4234
