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http://www.sun-sentinel.com/orl-bad-marria...0,1721348.story

CASSELBERRY - When a marriage goes bad, who gets the X-rated photos of the wife? In the case of Valeria Gentile and Erwin Cajamarca, the wife says she does.

She sued her soon-to-be-ex-husband last week in state circuit court in Sanford, accusing him of putting the photos on a Spanish-language porn site, distributing them via the Internet and, at times, using them during on-line sex chats.

The whole thing is humiliating, cruel and an invasion of her privacy, her suit alleges. Thousands of people have now seen her in a variety of sexual poses. She's demanding an unspecified amount of money.

Cajamarca, 39, an investment consultant, would not discuss the dispute, except to say that his estranged wife knew he was publishing some of the photos.

He took them with her consent before their marriage went sour, according to the suit.

So whose property are they?

They belong to both husband and wife, said Mitchel B. Krause, a Longwood divorce attorney.

This dispute, he said, it not uncommon among divorcing couples. Sometimes, ownership of these kinds of photos is one of the most contentious issues facing a divorcing couple, he said.

Usually, the spouse who'll be most embarrassed by them agrees to surrender other property to get them, he said.

"The husband will get the picture of the dog, the cat and the house and wedding photos, and the wife will get the other photos," he said.

Gentile would not comment. Her lawyer, Frank T. Allen, said she was embarrassed by the whole thing. She never agreed, he said, for the photos to be seen by anyone but her husband.

He should have destroyed them, her suit alleges.

The couple agreed to divorce months ago, according to court records. He filed the paperwork in April. And though they considered their marriage over, they continued living in the same Casselberry house until last week, Allen said.

Gentile discovered the photos two weeks ago on his computer, according to the suit.

The couple married in 2002. Their divorce was to be final Thursday, but neither one showed up for court.

Rene Stutzman can be reached at rstutzman@orlandosentinel.com or 407-650-6394.

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