non-violent threatening, distribution of pornographic photos

[michaelchinsere]

Son, you need a very strong "come to jesus" meeting with an attorney. Because you have NO IDEA how precarious your little game is.

I'm not your son, I'm not junior. The family business consists of my father, and me as a freelancer. I do work for a fortune 100 company though, and the policy I signed gives them the right to search through my sent and received email, catalog any and all websites I visit, as well as they own the rights to any graphic design pieces I make. At my father's business, our email is shared, therefore I have as much right to browse through my OWN mail, than my father does to send and receive whatever he wants (these images were never transmitted via email anyway). I DO own the computers, therefore I can browse through any of the files contained on the computer, free from any repercussions from the law. Furthermore, unless the photographs I've been speaking of have been copyrighted, I am free to browse through everything and everything from my own, personal computer (as long as it isn't child pornography, for the most part).

Also, I'm positive that if/when I meet this woman, and I tell her to stay away from my father, that I'm breaking no law as long as I don't threaten physical violence. I'm also pretty sure I can put a picture on her husband's windshield, and not have to fear the fury of the law. Even if there was a law against this (and I've never claimed I'm a lawyer, or even close to well-versed in law), that the parties involved would ever go to the police, for fear of the truth coming out to the public.

Also, you haven't given me any shred of lawyerly advice on the LAW, you should keep your OPINION to yourself. Furthermore, I just browsed a random couple of your posts, and guess what, 2 out of 4 either call you a jerk, or tell you that you're mean. Maybe you should find out what is going on in your own head that you get joy out of degrading others; telling them they're stupid, amongst being cynical and a total dumbass, isn't what I call productive/positive communication. I've seen no merit in your replies, and I'm positive I've lost many brain cells in reading them. And if you do get joy from being a jerk to other people, that pretty much makes you a sadomasochist, and I think YOU should examine your own morals, instead of commenting on others.

And in the matter of my morals saying that blackmail is ok.... In this situation I have no moral dilemma. I would rather die than see this much pain and suffering inflicted upon my family. If that makes me morally deficient, then I plead guilty. I see nothing wrong in telling (not physically threatening somebody) that they should stop what everybody knows is wrong, unless... There are repercussions for every act, and if you aren't prepared to take those consequences, then don't do the "crime".

So if you were in my shoes, what would you do? It sounds like you would turn a blind eye to your fathers adultery since they have "the right to live their lives, however flawed, without your meddling". And then take no precautions that your mother would find out, which would mentally handicapp her for the next 10 years. Then when the **** hits the fan you would probably sit back and smile, since its evident you take pleaseure from others' suffering. I feel sorry for you, and it isn't worth my time to reply.

Have a nice life with no compassion for anybody, in any situation. I pity you, and hope you see the error of your ways when something horrible like this happens to you. Then let's see if you sit idly by, as you claim is the right/moral thing to do.

As a last note, since I won't be reading this post anymore: I found out my father is cheating. I can't stand by and do nothing; that would be WRONG. I have thought long and hard about the only thing I can do, which is confront the woman who threatens to break up my family, in the hopes she will no longer be in a position to ruin both my father and mothers lives. If you think it's morally wrong for me to act in this situation (besides all of my childish plans to run a background check, disperse the naughty photos to her family and friends, amongst other things, I admit that is childish, and I most definitely won't do that), then you have far more issues to contend with.

Facts that cannot be sanely denied:

Nobody with a conscience would stand by and let this happen without doing anything.

If I tell my mother, the family is broken up, I won't do that.

If I confront my father, things will never be the same between us, I won't risk my relationship with my father, who I love dearly.

If I confront the other woman's husband, that will make it worse for her, which would be vindictive, as well as the possibility that he will tell my mother.

My only choice left is to confront the other woman. Can you possible deny this?

My only "ammunition" is to throw back in the other woman's face what she has done wrong. What else could there possibly be?

My desired outcome is that the other woman will leave my father alone. Is there something wrong with trying to consolidate my family into the cohesive unit I thought it's always been?

If you can argure with any of these points, you have problems. And any other sane person would agree with me.

I'm not worried in the least about breaking any laws, I will do what I think will be best for my family, and I also believe that nothing I will do will get me any jail time, let alone a pesky misdemeanor.

 

[BelizeBreeze]

You really are deluded aren't you. Your "RIGHT" to view the e-mails is company policy. That, in no way, limits your LEGAL responsibility.

The minute you post those photos to her husband's windshield you, your father AND the company will be served with a CIVIL suit and if you are a part owner of the company and it ISN'T a corporation, (and in this case, even if it is) everything you and your father own or hope to own will belong to the other man.

Your mother will end up with NOTHING but a broken marriage and 1/2 of a pot to piss in.

So, mr lawyer, do what you want. You are asking permission to ruin not only your own life, which frankly I don't care one iota about, but also that of your father, mother, the other woman and her husband. AND the company.

And in case you still haven't gotten it, take everything you've posted here and go see an attorney. You are in serious need of a reality check and some morals.

 

[BelizeBreeze]

The Tort of Outrage
Damages for emotional distress or suffering were recoverable long before courts recognized a separate claim for IIED. An individual may claim such damages as a result of other torts, such as assault, battery or defamation. Beginning in the 1930's, IIED was increasingly recognized and accepted as a separate claim, or "cause of action." One reason for this trend was recognition that IIED could provide recovery for some civil wrongs when other torts could not.

Common Proof Requirements for an IIED Claim
1. Extreme or "outrageous" conduct by the defendant.
2. The defendant intended to cause the "emotional distress" or acted with reckless disregard of the probability of causing it, (i.e., the defendant knew that the conduct would cause the distress).
3. The claimant actually suffered extreme or "severe" emotional distress.
4. The defendant's outrageous conduct was the actual and proximate (real) cause of the emotional distress.

* - "Outrageous" conduct has been explained as so extreme in degree as to exceed the "possible bounds of decency" and be regarded as atrocious and utterly intolerable in a civilized community. Bad manners or petty oppressions that are merely "insensitive, rude, offensive, harassing, insulting, or annoying" are insufficient. Mere insults, threats, annoyances, or other acts of unkindness will not ordinarily satisfy the "outrageousness" requirement. The acts must be absolutely intolerable, e.g., involuntary confinement and threats of physical harm under certain circumstances.

* - "Severe emotional distress" has been defined as mental suffering or anguish, encompassing fright, horror, grief, humiliation, shock, or anger. It must be the type of distress that would be considered severe by a reasonable person or one with ordinary sensibilities, and such that no reasonable civilized person could endure it. Factors considered are the intensity and duration of the distress. Expert testimony may not be required to establish it; the outrageousness of the conduct may imply the distress.

* - "Reckless disregard" equaling intent to cause emotional distress has been described as conduct that is willful and wanton; acting with deliberate disregard or indifference to the probability of causing the emotional distress. When the claimant was particularly susceptible to emotional distress and the defendant was aware of their vulnerability, it may be easier to establish that the conduct was outrageous and intentional.

I suggest you read up on Priest v. Rotary (1986) and Portee v. Jaffee, 417 A.2d 521 (excessive measure of liability) and for good measure Price v. Price, 732 S.W. 2d 316, 320 (Tex. 1987).

 

[tryingtoplease]

Okay, it's apparent that your wound is very fresh. And I think many here could tell you that that is NOT the time to act. (Even those you're taking out your frustrations on). As a child of parents who "stayed together for the kids" and THEN divorced when in their 50's, appearances can be deceiving.

I'm not sure who it was but they pointed you in the right direction when they advised you to talk with your dad about the situation (although I think they then added something about "when he's done kicking your arse".) You may be surprised. I did this with my dad (although he wasn't having an affair) and he admitted he was so miserable he was ready to walk into the desert and not come back. I then advised him to really seriously think about the rest of his life and how he wanted to spend it. They ended up divorcing and 4 years later, my dad met his 2nd wife. He just passed peacefully after 16 years with her.

My point is, rather than act out of retribution right now, why not get to the why's of what's happening and then act. Oh, and also, if I was the mom and found out later that one of my kids knew my hubby had cheated on me and not told me, I'd be piiiiisssssseeeedddd. You've got a lot to think on, but calm down first, act second.

 

[AHA]

Since you "know" that your mom would not stand for her husband cheating, by not telling her you are just as much betraying her trust as your dad is. Do you seriously want your mom to stay married forever to a man that disrespects her that way? Couples can parent without being married to each other and you are a big boy, having divorced parents isn't going to kill you.
Talk to your dad and offer to tell your mom what your know, if he refuses to. You should not be devoting a single second to the woman he's having an affair with, I'd be more furiated with my dad than anything else!!!
If your mom feels so strongly against this kind of action, I bet she'd be a hell of a lot better off emotionally away from that cheating piece of crap husband. If she now has a chance for a free and happy life on her own or with someone who actually cares about her, she deserve a shot at it!
This is your chance to really find out what kind of a man your dad is, although in my opinion, I wouldn't call him a man and would despise him forever for betraying my mom and not using his brain.

 

[BelizeBreeze]

Since you "know" that your mom would not stand for her husband cheating, by not telling her you are just as much betraying her trust as your dad is. Do you seriously want your mom to stay married forever to a man that disrespects her that way? Couples can parent without being married to each other and you are a big boy, having divorced parents isn't going to kill you.
Talk to your dad and offer to tell your mom what your know, if he refuses to. You should not be devoting a single second to the woman he's having an affair with, I'd be more furiated with my dad than anything else!!!
If your mom feels so strongly against this kind of action, I bet she'd be a hell of a lot better off emotionally away from that cheating piece of crap husband. If she now has a chance for a free and happy life on her own or with someone who actually cares about her, she deserve a shot at it!
This is your chance to really find out what kind of a man your dad is, although in my opinion, I wouldn't call him a man and would despise him forever for betraying my mom and not using his brain.

Ahhhh AH, why hold back. tell us how you REALLY feel!

 

[AHA]

Ahhhh AH, why hold back. tell us how you REALLY feel!

The entire internet would self destruct if I really expressed my opionion..........

 

[tbanks]

What an astonishingly incandescent thread. ;-)

Might I suggest looking for some positive action you can take here, while you consult with an attorney (and maybe a religious or secular counselor?) It seems very likely that your mother will be divorced soon. You might want to make sure she has the basic financial skills needed to survive on her own (i.e., she knows where the family's money is as well as how to balance a checkbook), as in many marriages, only one person handles the finances. Just a suggestion.