The bizarre story of Susanna Gibson and her running as a candidate for the House of Delegates has occupied much of the conversations around Virginia, where I live. The Democratic nominee was exposed recently by the Washington Post in streaming sex acts on a site called Chaturbate for money. The tips, she reportedly pledged, would go to a “good cause.” Leading Democrats have rallied around Gibson as had the group Emily’s List. I had little interest in the story until Gibson, 40, alleged that the disclosure of her online solicitations is an actual “sex crime” and a violation of her privacy.
According to the Post, Gibson posted more than a dozen videos in September 2022, after she had officially entered the race in suburban Richmond. Virginia State Sen. L. Louise Lucas and other Democrats have defended Gibson of being the target of a hit job by Gov. Glenn Youngkin and the Republicans. However, it was the Post that ran the story.
Other Democrats are silent. Sen. Tim Kaine had just appeared with Gibson at an event but insisted “I really do not know her that well.”
However, what caught my eye was Gibson’s statement that the exposure of her alleged online solicitations constitutes a “sex crime” and “an illegal invasion of my privacy” by Republicans.
The Privacy Claim
Let’s start with the privacy claim. The Post revealed that Gibson has been offering to perform sex acts with her husband for “tips” online. This reportedly included more than a dozen videos in September 2022, after she had officially entered the race in suburban Richmond for the House of Delegates in the 57th district.
There are a couple torts that could be raised but neither would be compelling in this circumstance. There is the tort of public disclosure of embarrassing private facts:
652D Publicity Given to Private Life
One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that (a) would be highly offensive to a reasonable person, and (b) is not of legitimate concern to the public.
However, this was not a private fact. To the contrary, Gibson was allegedly seeking a public audience to exchange performative sex acts for money.
The second tort is the inclusion upon seclusion. Under the Second Restatement, citizens may sue for violations of the intrusion upon seclusion:
652B Intrusion Upon Seclusion
One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.
However, this is not an deprivation of “seclusion” when Gibson is seeking public exposure.
Indeed, the site shows a long-standing anomaly in our criminal law. It would be illegal for Gibson to offer sex for money on the street under our prostitution laws. Yet, it is not illegal to seek money to have sex on film or on live chat rooms.
The Criminal Allegation
Daniel P. Watkins, a lawyer for Gibson, supported her claim of a criminal violation, citing the state’s revenge porn law. As shown below, the law makes it a Class 1 misdemeanor to “maliciously” distribute nude or sexual images of another person with “intent to coerce, harass, or intimidate.” This case does not suggest malicious dissemination or the sale of any videographic or still image. These images were made public by Gibson and these critics are largely describing the pictures rather than disseminating the image. The site is not even password protected for access to Gibson’s images.
She and her husband had almost 6000 followers.
Indeed, even the service provider itself is protected under the law.
The use of the law to target the Washington Post or political critics would clearly run afoul of the First Amendment.
Watkins cited Ronnie Lee Johnson v. Commonwealth of Virginia as the basis for Gibson’s claim that she is the victim of a sex crime. It is true that the case involved a consensual sexual encounter that was later made public. However, it was a secret recording and the women did not consent to the distribution to others.
I could not find any claim by Gibson that her husband secretly recorded these encounters or that she was not aware of (or knowingly participated) in the publication of the sexual acts. Indeed, the Post reported that
“In multiple videos, Gibson interrupts sex acts to type into a bedside computer. Speaking directly into the screen, she urges viewers to provide tips, which are paid through “tokens” purchased through the site. In at least two videos, she agrees to perform certain acts only in a “private room,” an arrangement that requires the viewer to pay more.”
Watkins pointed to a 2021 Virginia Court of Appeals ruling that found it was unlawful for a man to secretly record his girlfriend during a consensual sexual encounter even if he did not show the video to others.
I am far more concerned about Gibson’s view of criminal and constitutional law than I am her alleged online fetish. I am also concerned that Gibson has assumed the status of a victim of a sex crime on this basis. Actual victims need both judicial and legislative support.
Those concerns are relevant to Gibson as a legislator. As many on this blog know, I have long defended the right of people to have controversial speech and associations in their private lives. Engaging in online porn is a lawful act for Gibson. The political repercussions of such a fetish rests with the voters of the 57th District.
However, the matter will be resolved in the political not the legal system.
N.B.: This column was updated to remove a reference to an endorsement by Sen. Kaine. While an endorsement has been referenced in some of the Gibson coverage, it does not appear that such an endorsement was ever requested by Gibson or extended by Kaine.
Bet-cha Hunter has been ringing her Doorbell already
if she sells her body, she will sell her votes
She’s a high-dollar prostitute. There should be no shame in that.
But she won’t own it. That’s her biggest problem.
What would truly be a crime [against humanity] would be a similar video of Congressman Nadler.
Dude, I can’t unsee that. Thanks
Yep, certain horizontal gymnastics will/can get one into deep perpetrations of the mind. More than one dozen videos? That would be flat out porn queen? The old boy could start advertising viagra??. Guess Old Joe be invitationing to WH?
Is Gibson running for office for publicity to drive traffic to her sex app? If so, its working. She’s running under the Democrat brand knowing those perverts would be on her side.
I can hear Dennis’ comment now.
“Move along, JT. Nothing to see here.”
Wait, I thought Gigi was a tranny???
Her platform is that she is the will run the most transparent campaign in history.
Susanna would do well to follow the wisdom in Bette Midler’s on-stage instruction to her back-up group, the Harlettes:
“Try to stay vertical, girls!”
Except, if you believe E Jean Carroll’s account, staying vertical, with your leggings around your knees and resisting, doesn’t help.
Tom…LOL thank you….I wasn’t “following the science” I guess.
This idea that something very much created for public consumption, nay, desirous of it, being viewed by the wrong people somehow constituting an invasion of privacy is getting really old. If you put it on a public online forum, people are going to know about it. This notion seems to elude the supposed ‘internet generation’ (i.e. millennials, of which she is an older one) most of all. It is beyond ludicrous, and in my experience (and as AOC has taught us) yes, yes, that is precisely the mentality and acumen she would bring to her post.
The fact that journalist Owen Shroyer has been sentenced to 60 days in prison for standing outside the capitol on Jan. 6 and reporting on the events of the day is apparently unworthy of Professor Turley’s attention. Let me repeat that: A journalist has been sentenced to jail for doing his job. Nothing to see here. Just another day in the Fourth Reich. Instead Turley prefers to focus on the cheap sex story.
You read it. What does that say about you?
You really have to ask: Are there any Democrats in the Democrat party and is time to change the name of the Democrat party?
I think they should go with Poor Life Choice Party. It would honestly encapsulate everything they stand for.
AP participates in cover up of alleged prostitution operation?
“Correspondence viewed by The Daily Wire shows the Associated Press was tipped off about the pornographic content on September 5, but chose not to do anything with the story. It did, however, make Gibson aware of the videos, which she appears to have had taken down in the days after the Associated Press alerted her that they had been discovered.”
This case reminds me of the current issue where Hunter Biden is suing over the dissemination of the contents of a laptop computer that has been certified to formerly belong to him while claiming he was not the owner of the laptop in question.
Kevin Beck…….except, in this case, it’s “lap dance”, instead of “lap top”.
LMAO…keep ’em coming Cindy!!
The two biggest issues that I have are that Democrats are defending this insanity because she is on their team and the fact that the AP had the story for a week and notified the DEMOCRAT so that she could delete some videos. DOes anyone think they would have done the same for a Republican?
The AP has turned into an enemy of our country and everyone needs to stop paying for any local papers that use this Soros-like “news agency”.
Two exhibitionists, one an attractive woman, have a fetish for performing online for 6000 followers. She decides to run for public office. Media reveal what she does in her spare time. Hard to imagine that a claim of porn revenge or invasion of privacy can succeed. How can sexing in front of 6000 people be considered “private”? At a time when any behavior is being normalized by activists of one stripe or another, the question is whether people will find this behavior acceptable for a public servant. I guess we’ll find out, won’t we?
Well, I guess she can count on about 6,000 votes.
My guess, based on the liberals that I’ve banged, is that the only sex crime here is the rip off of her customers.
If she had the sex act with Hunter Biden instead of her husband the Press would have ignored the whole story, but I am glad that Nancy Pelosi never used these campaign fund raising tactics.
You’re not alone there!
Would allege and say Nancey leaves that up to her cohabitator to raise funds on insider trading info provided?
Well, we know what they did with the story of Nancy’s husband and his jilted boy sex toy.
Deployed airbag = road head
I for one, am not interested in immortality, as we are getting so out of whack here in the year 2023, can you imagine where we will be in 2123?
@Deadarmadillo
I honestly wonder if humanity en masse will even see the next century *at all*, and it ain’t gonna be because of climate change. Somehow idiocy is the more potent catalyst.