A Cape Coral woman files a police report after learning her
ex-boyfriend secretly taped them having sex.
You may think it's creepy but is it criminal?

Cape Coral, FLA - A 33-year-old Cape Coral woman says her "then-boyfriend" secretly taped them having sex.
She told police when she confronted him he showed her a camera he hid in an alarm clock. She said he also showed her the d-v-d he made of them.
Police are investigating and we asked attorney Joe Vicava what the victim could do next.

"She has a couple of options--one she could file a civil suit for an intentional invasion of privacy. A person has a reasonable expectation of privacy when they are engaging in relations and they are not expecting to be video taped," said Viacava.

Although, Viacava says, the suspect could have a defense.

"Well his argument is--this is my house and obviously when you do things in public or in a setting your not comfortable in you should be careful," said Viacava.

He says if those tapes end up on-line the guy could get in even more trouble.

"If he's putting this all over the Internet against her permission depending to the extent that she's damaged--that increases her monetary damages," said Viacava.

Viacava told WINK news the man could even face criminal charges.

"It's something that definitely I'd let the State Attorney's Office look at--a young lady when she engages in something private she shouldn't have to worry about that.
The State Attorney's Office should review it for possible criminal charges," he said.

Police are investigating but have not yet arrested anyone in this incident.