Quote:
Originally Posted by CrackerBarrel
I would assume that the plaintiff is suing for intrusion. Seems to me that you could defend that she didn't have a reasonable expectation of privacy since most fraternity houses have rooms where multiple members live and the person who filmed seems to have been the roommate of the young man having sex with her. Does she have a reasonable expectation that he would not be in his own room at night? I don't think so.
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That's a defense I'm sure will be raised.
But that there is an adequate defense doesn't make a case frivolous.
My counter would be that first, unless she felt she was alone, she wouldn't have become physically intimate with the defendant, that her expectation was reasonable because the door was locked, a "do not disturb sign" was hung outside the door, other facts, etc.
I would also raise the public policy argument that if such a defense was allowed, it would be like giving carte blanche to anyone in a communal living situation to videotape the intimate acts of their cohabitants.
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