Suppose I slept with my boss’s wife. I get away with it, but later someone notices a discrepancy in my story. They decide to hit me up for money rather than turn me in for the crime. Does the affair have to come out in court as a motive for the blackmail, or can I ask for it to be suppressed so that only the judge and lawyers would know? Not asking for legal advice, but more thoughts on a story I’m brainstorming.
Fucking a consenting adult is not a crime. Blackmail is, though.
There was this case: Man pleads guilty in Letterman blackmail case - CNN.com
You’re right. I initially was going to have the crime be embezzling, but I decided in that case the person wouldn’t turn them in for fear of it being discovered. I should have gone with my first instinct.
I suppose the risk is that anything can come out in court, whether you are a direct victim or not. I.e. the gay affair being carried on by the married father of three…
“Who was with you in the car when it was struck by the drunk driver the night of the 17th?”
“Why were you not at home when your house burned down?”
I assume the judge could order a publication ban, but otherwise the person going to jail for blackmail might as well tell his lawyers to get him the minor satisfaction of revealing what the case was all about. I’m not sure “it would embarrass X” would be grounds for a publication ban. OTOH, if the non-crime is not relevant to the case there could be no reason to have it come out in court.
But then, the person on the other side in the courtroom is the prosecutor, not the lawyer for the person likely to be embarrassed. They are not as motivated to keep things hush-hush.