Family Law · Personal Injury · Video Insight

Suing for Secret Sexual Recording? Yes, And the Consequences Are Brutal

"They knew I was recording" is not a defence. Secretly recording someone during sex carries criminal statutes and civil liability alongside them.

What to expect

  • Why the usual defence fails
  • What tends to happen when the relationship ends
  • Suing, and stopping distribution

If someone secretly records you during sex, you can sue them.

Tim Miranda explains the civil side of non-consensual intimate recordings — what you can sue for, and how a court can stop the footage going any further.

Video insight

This content is for general educational purposes only and is not legal advice. Court procedures, timelines and circumstances vary by case and jurisdiction.

Read full transcript Tap to expand
If someone secretly records you during sex, you can sue them. The typical defense is, "Well, they knew I was recording them," or "This is something that we always do." But that's not a defense, because there are revenge porn statutes — criminal statutes — and there are civil liabilities for doing this to someone, destroying their emotional calm. This is very common. There will be someone that makes a recording and they want to keep it for themselves, or they want to have some proof that they had sex with somebody. And usually at some later time, when that relationship — whatever that looks like — ends, they then disseminate that either publicly or amongst their friends. That's a revenge porn issue as well. But from a civil perspective, that would be something that you could sue for: emotional distress, amongst other damages there. And you could get a restraining order for something like that, and enjoin the person from disseminating that footage.

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If someone secretly records you during sex, you can sue them. The typical defense is, "Well, they knew I was recording them," or "This is something that we alw...

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