First he created a fake Facebook page under his ex’s new boyfriend’s name. Next he started “friending” people, including the woman’s family and friends. Then came the pictures.
Authorities say Michael Roderick Weigel posted about 20 photos of his ex in “semi-nude and nude sexual poses” on the wall of the social networking site.
The 38-year-old Anoka man was charged via warrant Monday in Ramsey County District Court with three felony-counts of non-consensual dissemination of private sexual images, which took place last December, the complaint said.
The charge is a new tool for prosecutors seeking to hold people accountable for so called “revenge porn.”
It’s the first time the Ramsey County Attorney’s Office has filed charges under the statute, which became law in August. Hennepin County has charged at least two cases since its adoption, and Dakota County one. Washington County has yet to use it.
In this case, the woman learned about the Facebook page after friends and family started contacting her about it. Her face is “clearly identifiable” in the photos, the complaint said.
Speaking to investigators from the Ramsey County sheriff’s office, she said the photos were taken while she and Weigel were in a relationship together.
Weigel also posted inflammatory statements about the woman and her boyfriend on the page, according to the complaint. In one, he allegedly named her place of employment and said she was unfit to work there.
After serving multiple subpoenas and searching various computers, deputies contacted Weigel in mid-January.
In an interview with authorities, he acknowledged creating the Facebook page and said he did it to “expose” his ex and her boyfriend, the complaint said. Weigel added that his actions were not intended to “hurt anyone” and were not for “monetary gain.”
He also said his ex was aware of the photos he had of her and that she never asked him not to post them, according to the complaint.
Weigel’s criminal record includes four convictions for offenses related to driving while intoxicated.
He could not be reached for comment Tuesday and does not have an attorney listed for him under court records. A relative who answered the phone at a number listed for him said she did not want to comment on the charges.
A request for information from Facebook about their rules for safeguarding against violations of people’s privacy on the site was not immediately returned Tuesday.
NEW STATE ‘REVENGE PORN’ LAW
Laws against revenge porn have been passed in at least 17 other states, and Google announced plans in 2015 to censor unauthorized nude photos from its search engine.
The new statute in Minnesota makes it a felony for people to disseminate private sexual images of another person without their consent. For the photo’s dissemination to be illegal, the person depicted in the photo must be identifiable and the image must have been created or taken under circumstances by which the person “had a reasonable expectation of privacy,” according to the law.
Also, it’s not a criminal defense if the person in the photo knew it was being taken and consented to have it shared privately, the statute says.
The most likely legal recourse for such behavior in the past was under the state’s criminal defamation law, but there were problems with that avenue, according to Rep. John Lesch, DFL-St. Paul, a chief author of the new law. Convictions under the previous statute also are only gross misdemeanors.
Lesch was inspired to find a more fool-proof way to hold perpetrators of “revenge porn” accountable after reading a story in 2013 about a Canadian teen whose parents said she’d been raped by members of her school’s football team.
A photo taken of the incident was posted to social media by one of the alleged perpetrators. Rehtaeh Parsons later died after a suicide attempt left her on life support. She was 17.
A 2015 incident in Isanti County in which authorities say a man posted an ad to Craigslist offering sexual services under his ex-wife’s name further fueled his efforts to pass tougher penalties, he said.
“The internet is a new way for individuals to try to control and dominate ex-partners,” said Lesch, a former prosecutor. “Many of these victims can experience longer-lasting and sometimes greater impacts than domestic assault, because this stuff is on the internet and they have to deal with it forever.”
The effort faced some opposition from American Civil Liberties Union of Minnesota. The organization’s legal director told the Associated Press at the time that the bill was too broad and thus potentially vulnerable to constitutional challenges.
PROSECUTOR ‘GRATEFUL’ FOR NEW WAY TO HOLD PEOPLE ACCOUNTABLE
Washington County Attorney Pete Orput said he’s grateful to have a statute that makes it easier to hold people accountable for behavior he says social media has made increasingly problematic.
“Before we were always nibbling around the edges on how to go after cases like these and now we have a statute right on point,” Orput said. “That makes our lives a lot easier.”
He recalled a case in the past where a man “tricked his way” into a number of women’s Facebook accounts and then posted sexually explicit photos on the pages.
“We ended up having to approach that as identity theft at the time, and that can be difficult,” he said.
Regardless of criminal accountability for the conduct, people should be aware that photos have a long life online, Orput added.