It seems you can’t find a celebrity without a sex tape.  Enter the latest potential celebrity sex tape, Tiger Woods and his (alleged) mistress, Devon James.  James, is a (former?) porn star, alleged mistress of Tiger Woods, has claimed that Tiger Woods is the father of her 9-year old child, was recently fired from the Bunny House in Nevada (a brothel), and is now claiming that she has sold a video of the two engaging in sexual acts to a production company.  Sounds like quite a bit right? However, there are a few problems with Ms. James.

Is Tiger the Father?

James is claiming that Tiger is her child’s father.  However, she has never had a DNA test to see if Tiger is indeed the father.  James attempted to use a much more persuasive argument, a picture of the child.  Sounds like a segment on the Maury show, right? To further complicate matters, James’ mother called her daughter a “pathological liar” and that James knows who the real father is.

If nothing else, hopefully we can learn from James mistakes.  First, it is important to prove the paternity of the other parent.  Assuming the father doesn’t admit paternity (as is the case most frequently), then the best way to prove paternity is usually by DNA which will show a 99% probability of paternity (through the use of a swab test). Then, if the person is the father of the child and does not want to be a part of the child’s life, the other parent should go to court and request child support. Many times people will try to work out their own forms of child support; however it is best to have a court decide paternity and set child support payments.  The reasons for this are numerous, but include enforcing the support payment even if the father moves out of state, providing for the child, and setting visitation (if the father wants).

Selling Tiger’s Sex Tape

Finally, James is stating that she has a video of her and Tiger having sex.  Assuming there is a tape, and that is a big assumption, there is still one big problem for James.  She cannot sell or distribute the tape to the public without Tiger’s permission.  Generally, both parties (or all three parties, or etc.) that are involved need to sign releases for their images to be distributed.  According to Radar Online, James stated that she found a company willing to pay $350,000 down.  James’ issue is that there is probably no way that Tiger would ever agree to the distribution of the video.

However, the idea that someone might have a video of you and a partner engaging in activities you would prefer not to share with the world is quite a scary proposal.  If that is the case, you do have rights.  If the video tape was stolen, then you should be able to retrieve your video through the use of the police.  However, if you sold the video, or uploaded it to the internet, it may be too late and you would need to consult an attorney.

What do you think?  Is James crazy?  Is Tiger to blame? Should the laws be different?