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.

http://www.sun-sentinel.com/news/florida/orl-bad-marriage-porn-pictures-082009,0,1886978.story

Sometimes I think I'm the only one in the world who does not have naked pictures of himself.

And of course Fran is all over this story

wonder what originally got my attention???

If you don't have the pictures did she keep them?

I burned, tore and otherwise disposed of any kink stuff with my ex-husband so it would be a non-issue. I'd have probably done it anyway at some point if we stayed together because the thought of kids or parents finding such things before I died would have killed me and if after I died, I'd have rolled in my grave. Not cool to keep that stuff, peeps.

the lawyer

once they've been posted on the internet the whole world has them.

she's trying to close the barn door after the horses have already escaped.

She shold probably just go to Van Nuys where she's sure to find someone trolling around with a video camera and go pro.

w/raider - once posted online - they can belong to anyone and everyone.

wineteaser -

Her mom

Thought it would be the person who possesses the pics

The saying, possession is 9 pts of the law, does it apply in this case?

The pics should be destroyed

Yeah, so when she starts dating again she'll be telling the guys how shy and modest she is and the guys will be saying 'I don't think soooo'

I'm with u they should be destroyed.

read article - the pictures have already been posted on the internet, why destroy them now

The photographs, by US copyright, law belong to whomever took them.

I had a conflict about displaying my photography portfolio where someone raised a stink over me displaying the images saying that since they were her image, she owned them. She said she was going to a lawyer and two days later, threats ensued. I had a release either way but it was an irritation to say the least.

if the husband held the camera, he owns them. display on the internet is completely legal provided there was no direct financial gain from them without a proper release.

EDIT
actually, display publicly of X-rated material is only legal with the proper 2257 paperwork kept on record. They just modified this law recently and it's stupidly biased to help large porn companies by requiring the records be kept in a location where they are accessible for 20 hours a week by drop-in inspection by the federalis.

In situations like this all nude photos should be sent to me. Even the ones that are "tastefully done."

It is best that I have them, because I don't have access to the internet and can't possibly post them anywhere. I only post here through osmosis.