Dan Boyles, Jr. secretly videotaped Susan Kerr while they engaged in sexual intercourse. Boyles’s friend, Karl Broesche, suggested the videotaping. Boyles agreed. Broesche and two other friends hid a video camera in the bedroom and videotaped themselves crudely joking and commenting on the situation. They left the camera running and snuck out of the house. The camera recorded the ensuing encounter between Dan and Susan.
Boyles took possession of the tape and showed it to friends on three occasions. Approximately ten people actually saw the tape. Susan Kerr learned of the tape’s existence several months later, confronted Boyles, and eventually took possession of the tape. In the meantime, Kerr’s reputation at her school, Southwest Texas State University, took a turn for the worse. She was called “porno queen” by many of her acquaintances, and was constantly confronted with questions about why she did it and whether she would do it again.