Until a few years ago, there were few legal remedies available to a former partner that chose to post nude or suggestive photos or videos of a former boyfriend or girlfriend online, known as “revenge porn.” However, in the last few years that has changed.
Most states had no criminal statutes dealing with the issue until recently. In the last year, a dozen states, including Colorado, Hawaii, Illinois and Pennsylvania, enacted laws criminalizing revenge porn. There have also been several successful civil lawsuits filed on behalf of revenge porn victims. According to the NY Times, “A Texas jury last year, for instance, awarded one of the largest verdicts ever to a revenge porn victim, ordering a man to pay $500,000 to his former girlfriend for posting a sexually explicit video of her online. In that case, the woman claimed she had suffered emotional distress.”
Legal research has demonstrated that victims of revenge porn may have several avenues in which they may pursue civil claims against those who post images or videos online. This may include copyright infringement, intentional infliction of emotional distress, online impersonation with intent to cause harm, intrusion, negligence, and negligent infliction of emotional distress.
If you or a loved one has been a victim of revenge porn, please feel free to contact me to discuss your legal options.