Rudy Giuliani’s ‘Borat 2’ Moment Is Not ‘Revenge Porn’: Legal Analyst

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The scene takes place in a hotel suite rigged with hidden cameras. When Giuliani sits on the bed, Bakalova appears to remove his microphone, and then Giuliani lies back and reaches into his pants.

That’s when Baron Cohen, playing Borat, bursts into the room and, misstating Bakalova’s age, says, “She’s 15, she’s too old for you!” 

Conservatives such as Pizzagate troll Jack Posobiec are arguing that Giuliani is a victim of “revenge porn,” but actual legal experts say that’s not the case.

Although revenge porn has been against the law in New York since last year, the statute only goes after anyone who shares an “intimate image” — or photo of someone naked or exposed — without that person’s consent, according to Law & Crime.

Since Giuliani isn’t seen naked in the movie, the chances he can sue for revenge porn are slim, according to criminal defense attorney and former prosecutor Julie Rendelman.

“I do not believe that Cohen’s posting of an image or video of Giuliani with his hand down his pants rises to a violation of New York’s revenge porn law,” she told Law & Crime. “To be guilty of violating such a law would require that the posting depict an ‘unclothed or exposed intimate part’ of a person. Further, the word ‘Intimate’ is defined in New York Law as ‘naked genitals, pubic area or anus.’”

Therefore, unless the film shows Guiliani’s private parts, it doesn’t violate the law, Rendelman said.

Another sticking point: If the former mayor does sue for revenge porn, that could be seen as an admission that he was doing something sexual, which he insists didn’t happen.

Giuliani told WABC on Wednesday that he was only lying on the bed so he could tuck in his shirt. 

“I had to take off the electronic equipment,” he told the radio station. “And when the electronic equipment came off, some of it was in the back and my shirt came a little out, although my clothes were entirely on. I leaned back, and I tucked my shirt in, and at that point, at that point, they have this picture they take which looks doctored, but in any event, I’m tucking my shirt in. I assure you that’s all I was doing.”

Meanwhile, on Thursday evening, the character Borat tweeted an “official statement” in which he defended Giuliani.

“What was an innocent sexy time encounter between a consenting man and my 15-year-old daughter has been turned into something disgusting by fake news media,” he said.



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