Lawyers for accused Nxivm sex-slave cult leader and former Smallville star Allison Mack are arguing that she isn’t guilty of inducing forced labor if the Church of Scientology isn’t guilty of the same charge.

In court papers filed yesterday in Brooklyn Federal Court, Mack’s lawyers argued that Mack’s threat to release naked photos and disparaging statements made by cult members against their relatives doesn’t rise to the threat of “serious harm” required to prove someone engaged in forced labor.

Mack and Nxivm leader Keith Raniere are accused of using the photos and statements to get free work and to force sex with Raniere.

“The government argues that Ms. Mack obtained forced labor through ‘threats of serious harm,’ with serious harm being the embarrassment that would result from the exposure of one’s collateral,” the court filing said. “Courts have found, however, that such an outcome, albeit embarrassing, does not amount to serious harm under the statute.”

The argument cites a 2009 case in which a couple unsuccessfully sued the Church of Scientology for forced labor.

“The court did not find that plaintiffs were compelled to remain in the organization even though, if they chose to leave, they would be ‘excommunicated’ from their friends and family and labeled a ‘dissenter,’” Mack’s lawyers said. “The threat of reputational damage and isolation from loved ones therefore did not qualify as serious harm.”

Mack has been out on a $5 million bond since her spring arrest on charges of sex trafficking, sex trafficking conspiracy and forced labor conspiracy. She was indicted along with Keith Raniere, the purported leader of a self-help program. Both face mandatory minimum sentences of 15 years to life in prison if convicted. (Read the indictment here.)

Here are the details of the wild case, as written by the Justice Department: