I have recently discovered that while visiting my best friend at her home (North Carolina) I was videotaped without my knowledge or consent. Her husband has admitted to hiding a video camera along with other audio surveillance to record all activity between her and me while in their home. According to him, and because of his unbalanced nature, he was under the mistaken assumption that there was something illicit between her and me. Nothing could be further from the truth, as she and I have been best friends for 30 years. This video, though showing nothing "exciting" or sexually compromising, does include me changing my clothes, sleeping and a number of other daily private actions. There are audio recordings of our conversations in her home as well as recordings of our telephone conversations with each other. There are also recordings of my husband and me
having a private conversation and my daughter and I having one. This man has confirmed to his
wife, that he hired a private detective to follow not only her, but me as well. While my friend is
embarrassed and fearful of her "husband", she is trying to stay in the home, until he fulfills his promise to her of handing all of the video and audio surveillance over to her on the condition that she would promise not to leave. I have vigorously tried to convince her that there will be no assurance, regardless of what he promised, that he will turn over all copies of all of the surveillance to her. Instead I am convinced that due to her extremely private nature he will use anything and go to any measure to manipulate her.
What I want to know is, while I am furious and mortified at this personal invasion, are his actions as described above completely legal, because they were carried out in his home? Any comment or advice will be greatly appreciated.
1st off, you need to seek legal advice asap. My concern is that someday these videotapes appear on the internet thu youtube or somewhere else and these videotapes become "public" and can never be taken off. Even if she gets the originals from him, he can make copies for himself.
http://www.rosen.com/divorce/divorcearticles/5-things-to-do-before-you-even-think-about-getting-a-divorce/
NC is a fault state for divorce, which means that if they get divorced then by her actions can preclude her from alimony, assets etc due to her actions. It appears that he questions her fidelity so has been videotaping, audio and have hired a private detective also. If they have children together, this could also have bearing on who gets custody.
Your friend also needs to get legal advice. Most likely he will find out if he has a private detective, but she needs to know what her legal rights are and be prepared on what steps she could take pending the outcome of their marriage. I am guessing that this guy has money to pay for a private detective and to have such a setup for the videotaping and audio that it appears she was not aware of till recently.
Any conversations you have with your friend should be out in the open, on phones he cannot record between you and her.
Call and talk to an lawyer about your legal rights now. It is one thing that he is recording his wife, but for a friend or anyone that comes into their house to be subject to be seen undressing or doing "private activities" is disturbing.
I seriously doubt he wants his wife to stay by his threats, but only to get more evidence for him to file for divorce and prove fault on her.
good luck
Well, it’s a mixed thing. On one hand, you have it’s in his home, and so long as it’s not published online, it’s perfectly legal for him to keep the tape. On another hand, since it has video of you undressing, according to your letter, it is considered sexual harassment, and you can legally demand for the tape to be handed over to you.
Whatever you wish to do, my friend. So long as you take it for the soul fact that it contains sexual content of yourself without your consent, it’s within your right to demand the tape under law, and he can be arrest if he refuses to hand it over.
These laws are state specific so be aware of NC’s laws regarding them. You clearly feel that it is a violation of your privacy which generally isn’t legal. Another example would be filming in public, its legal without consent, however recording under someones skirt in public isn’t since the person had a general expectation of privacy.
If you feel that this is a large problem I would seek a professional advise from a Law representative. It depends on your own interpretation, is the perpetrator harmless or was this a deliberate perverted act. I personally wouldn’t let it go since it sounds pretty serious. If this person seems dangerous and you both are completely innocent consult with your friend and give her advise. Although keep in mind that if he has really hired a private eye he may have already looked into legalities, since it’s generally common sense. From any standpoint consider what might happen, losing a legal claim, criminal charges against him, broken friendships etc.
On the "whole", no this isnt legal. If you are working with this woman, and they have cameras, then you should have been notified before entering the house.
But these laws are usually subject to local law practices, and vary from state to state and city to city.
If you want answers, then I would call your local police office and ask the Chief of Police, he/she would know best….or at least who you can contact for the correct advice and answers to your questions.