Police: Man took nude photo of sleeping girlfriend without consent

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By: Lanetra Bennett | WCTV Eyewitness News
July 11, 2018

Diego Cardenas-Leon

TALLAHASSEE, Fla. (WCTV) -- A Tallahassee man is accused of taking a picture of his then girlfriend without her permission.

Diego Cardenas-Leon, 23, is charged with video voyeurism.

"Oh, my gosh. That's insane," said Tallahassee resident Caroline Palmer.

She is appalled that a man would take unwilling pictures of his girlfriend. But, she says, unfortunately, it may not be uncommon.

"I have had guys tell me that, 'Oh, you don't remember it, but I was there and I have video to prove it.' It's like, dude, please delete that. 'Oh, I'll do it.' I've never been sure if they have or not," she said. "So, it happens. I have several friends who the same thing has happened to them."

In the case of Cardenas-Leon, police say his girlfriend demanded he delete a picture of her sleeping while nude. He said he would delete it later, according to the arrest report.

The arrest report says in the photo, Cardenas-Leon was standing over his girlfriend's naked body in the bed while exposing himself.

Emily Barrington, a Tallahassee resident, said, "That's just wrong. I wouldn't trust that person anymore. It's kind of creepy because you don't know what else they're doing when you're asleep. Honestly, you don't know what he's doing to you when you're asleep or if he has done anything."

The arrest report says after the couple broke up months later, the girlfriend asked about the photo again, and says Cardenas-Leon still hadn't deleted it.

The arrest report says Cardenas-Leon had it saved on the social media, app, SnapChat, but claimed he didn't show it to anyone.

Tallahassee resident Jeremy Williams says the girlfriend still had reason to worry.

"They don't actually delete your files over time. It's still there. So, they can still be accessed if somebody has the right information and the right ability to go and find them. So really, they shouldn't have them. It could be harmful in the future," Williams said.

Officer Damon Miller with the Tallahassee Police Department said, "Try to get consent through someone. If you have to sit and think about it, should I do this or should I not do it? If you have to think about it, that should be a sign right there not to do it."

Officer Miller says it all boils down to having consent to the picture or video. He says it doesn't matter if you're in a relationship with the person.

Florida law says it's illegal if the person has the expectation of privacy; if they're privately exposing their body; and if the person taking the pictures or video does it for their own amusement, sexual arousal, for profit, or the purpose of degrading.

Authorities say there was enough to charge Cardenas-Leon.

The arrest report says he admitted to taking other pictures of the victim that were not "as bad" as the photo when she caught him.

By: WCTV Eyewitness News
July 11, 2018

TALLAHASSEE, Fla. (WCTV) -- Tallahassee Police have arrested a man who they say took an explicit photo of his girlfriend without her consent and then refused to delete it, even after the relationship ended.

Diego Cardenas-Leon, 23, of Tampa, is charged with video voyeurism.

According to arrest documents, the victim told police that in September 2017, Cardenas-Leon, her boyfriend at the time, took the photo of her without her permission as she was coming out of a deep sleep.

The victim said she demanded to see the photo, which depicted her asleep in the bed naked, with her boyfriend standing over her, exposing himself. The victim said Cardenas-Leon agreed to delete the photo because of how much it had upset her.

The victim said after their relationship ended in February, she realized she had never got confirmation that the photo had been deleted. The victim also told police that during a prior confrontation with Cardenas-Leon, he admitted to taking other photos of her that were not "as bad" as the photo that she caught him taking.

The victim said she called Cardenas-Leon in April to ask him about the photos and he answered the phone stating, "they're gone, they're gone." The victim told police she believed Cardenas-Leon still had the photos.

Arrest documents state that police obtained a search warrant for Cardenas-Leon's cellphone and found that the photo that the victim had described had been stored in Cardenas-Leon's Snapchat memories.

Police say Cardenas -Leon admitted to taking the photo without the victim's consent and stated he knew it was morally and legally wrong.

Cardenas-Leon was arrested and booked into the Leon County Detention Facility. He is free on $2,500 bond.

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