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My Date Recorded Us Having Sex Without My Consent. Should I Report Them?

My Date Recorded Us Having Sex Without My Consent. Should I Report Them?

Illustration by Tomi Um

I went on a date with someone, and we went back to their apartment. In the middle of sex, I caught this person, who uses they/them pronouns, recording me on their phone. For my safety, I chose to pretend I did not notice, as I did not want to be stranded in the middle of the night. In the morning, I confronted them, and they apologized and deleted the video. They said that was their first time recording someone during sex and a spur-of-the-moment decision, albeit a bad one.

When I arrived home I felt more dehumanized than angry, as if I were a sex toy. I told my friends what happened, and they were very upset, and urged me to file a police report. I dismissed this at first, but I looked online and found that capturing imagery of a person’s private parts without their consent, when there is a reasonable expectation of privacy, is a violation of state and federal laws.

I decided to contact my date and inform them of the gravity of their actions and told them never to do it again. I also decided that I didn’t want to press charges. I do not want to subject myself to a lengthy legal process, repeating and reliving this story over and over, as well as having to tell my family or put my life on hold. My friends are concerned that I don’t feel upset enough, and they assume that this was not my date’s first time recording someone, and will not be the last. They think I should file a police report to prevent my date from recording others in the future. I chose to assume that my date is a normal human being who made a stupid decision and does not necessarily deserve a criminal record because of it. By informing my date of the severity of their actions, they now know to never make that mistake again.

My friends don’t agree with my decision, despite understanding why I would not want to press charges. We all agree that it should not be my responsibility to prevent my date from committing future crimes, but they think I should do it anyway because it’s the right thing to do. I fear that they think less of me now because I am ‘‘protecting’’ my date by giving them the benefit of the doubt, and that I’m being selfish because I do not want to sacrifice myself to the legal system on the chance that my date is a morally reprehensible person who will continue to record people without their consent. — Name Withheld, San Diego

From the Ethicist:

Philosophers sometimes contrast ‘‘agent-neutral’’ reasons with ‘‘agent-relative’’ ones: Very roughly, the first are general ones that apply to everybody; the second are specific to a person. There is an agent-neutral reason any child should be fed and cared for; there is an agent-relative reason I should feed and care for my child. The distinction can arise when we’re talking about supererogatory acts — acts that go beyond what’s morally required of you. Suppose, in an example offered by the philosopher Elizabeth Harman, you’re a bystander who’s preparing to enter a burning building to try to save a couple of people inside it. She suggests that from a general third-party perspective your proposed act may be simply admirable — but that a true friend isn’t going to urge you on. Instead, the friend, raising agent-relative reasons, will say: ‘‘Don’t risk your life. Think about your family.’’ If someone of modest means decides to give half her income to charity, similarly, strangers will find it praiseworthy, but, Harman writes, a friend may urge her to reconsider, asking how it will affect her and her loved ones.

I understand why you’re being pressured. We want to see justice done; an investigation could reveal whether there’s a pattern of criminal offenses here. But what strikes me is that your friends aren’t acting like friends, giving priority to your own needs and interests; they’re acting like strangers, focused only on what they think would be best for the world. They want you to do something that has an unpredictable chance of benefiting unknown others, but that would also, you believe, cause you a great deal of stress and disrupt your life.

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Source: Elections - nytimes.com


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