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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29803
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Wife had an online affair. When she tried to call it off the

Customer Question

wife had an online affair. When she tried to call it off the man threatend to send pictures and chats to all of her family. She then had to masterbate for him and fantasy chat with him for a week before he finally sent them to me anyway. Is that rape or blackmail or anything that he can be charged with?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 2 years ago.

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear that this happened.
What you're talking about falls within the definition of second degree sexual assault - sexual conduct without the consent of the victim. If he was blackmailing your wife into doing those things, then she did not validly consent, and he could be charged with a misdemeanor. Neb. Rev. Stat., Section 28-320.
Nebraska's extortion statute requires that a person use extortion to receive property, but Wisconsin's does not. In Wisconsin, it's a Class H felony to gain "any pecuniary advantage whatever." Since people pay for sexual chats or to watch someone masturbate, that should fall within the definition. Since your wife was in Wisconsin when this occurred, she has the ability to file a police report and see if they will investigate.
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