Criminal Law Questions? Ask a Criminal Lawyer.
-Could you explain your situation a little more?Who will win what?
What is the issue that is bing contested?
DearCustomer- There is no law against taking a picture of someone with a cell phone so I see no cause of action against anyone unless the photo was taken in a place like a bathroom or into the window of a private home where there was some expectation of privacy. So it really doesn't matter who is believed in this situation since it doesn't matter if a picture was or wasn't taken.
Unless there are some circumstances of which I am unaware I just don't see an issue.
Yes if the person was in a place where privacy was expected and a picture was taken then that would change my position. Of course if there was no picture and someone just thought a photo was taken then there would be no case. It all depends on the circumstances.
I noticed you posted this in the criminal law section and this would be a difficult crime to prove with just one word against the other and no photo. I just don't have enough facts to offer you anything but a general opinion. If the photo were distributed to others then there would be grounds for a civil action for damages.
I see no cause of action whatsoever in this case. Certainly not enough evidence of a crime and since no photo was distributed then there's no civil damages.