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Mel Gibson, Oksana Grigorieva

Kevin Winter/ Getty Images

If Mel Gibson could get in trouble for hitting Oksana, isn't she in just as much trouble for illegally taping him?

—FelDon, via the Answer B!tch inbox

Yeah....no. Not ethically, not morally, not even legally. Whatever you've heard about the wiretapping laws in the state of California, at this hour, it's still Mel Gibson who's facing the most serious wrath from Sweet Lady Justice (or, as Gibson might call her, That Effing Scale-Toting Whore). And I can prove it...

First, a recap. As we all know by now, Gibson has an ex named Oksana Grigorieva who apparently recorded some of their less-amorous phone conversations. In the recordings, Gibson apparently slings racial slurs and misogynist rape fantasies, and may even admit to hitting Grigorieva.

The L.A. County Sheriff's Department reportedly has opened an investigation into any crimes Gibson may have committed against Grigorieva and, therefore the people of the state of California, including domestic violence. There is some indication that Grigorieva's tapes are on their way to the sheriff's office to be included in the evidence.

There's also been some chatter that Grigorieva may have committed a crime too, by making the tapes without Gibson's permission. This probably isn't the case. Yes, it's illegal to tape a phone call in California without both parties' consent, but there is exception to that law that works in Grigorieva's favor.

According to Cynthia Orr, president of the National Association of Criminal Defense Attorneys, people can tape conversations surreptitiously in California—if they're trying to gather evidence of a violent crime or another serious violation of the law. Given that Grigorieva's recordings are reportedly on their way to the sheriff's office, that seems to be the case here.

Grigorieva may not be entirely innocent, though; some reports indicate that Gibson wants her investigated for extortion stemming from the tapes. Still, that's not the same thing as making the tapes.

And in either case, we're talking about someone being beaten here versus someone making tapes or demanding money. Are you really serious about trying to equate these alleged crimes?

Normally, one might expect a year in jail for violating the state's phone-call-recording law. But don't be surprised if Grigorieva dodges such a penalty; according to attorneys, the law is in her favor on that one.

(Originally published June 12, 2010, at 6:48 p.m. PT)

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Photos What a Douche!