Revenge Porn For Dummies
Okay, so let’s start off with the basics: What is revenge porn? To put it simply, revenge porn is the distribution of sexually explicit images or video of individuals without their permission. These sexually explicit photos or videos can be made by a partner in a relationship either with or without his or her knowledge (so basically, it doesn’t matter if the person knew or did not know that the videos or photos were being taken, what matters is that they were distributed without the person’s permission). Revenge porn can also refer to scenarios that don’t include revenge, including non-consensual porn (photos or videos) being distributed. The images/videos are usually accompanied by sufficient information to identify the individual in the picture, like names, locations, links to social media profiles, phone numbers, workplaces…etc. For example, if photos/videos were distributed in a group chat, an identifier could be “Aye bro, peep this video of *insert name here.*” A lot of idiots engage in victim blaming, saying that “iF sHe/He dIdN’T wAnT tHe PhOtOs To BE shared, tHeN She/HE sHoUlDn’T hAvE seNT THeM,” when in all actuality, if images are shared in a private relationship, it is recognized that there is a right to privacy.
The law in this area is far from perfect. Although this is a relatively new issue, legislation has been passed in a number of states to forbid the practice; classifying it as either a form of psychological abuse, domestic violence, or sexual abuse. Most states have laws that can be used to address revenge porn, such as criminal invasion of privacy laws, impersonation or fraud, stalking, harassment, and voyeurism (this is the secret viewing of another person in a place where that person would have a reasonable expectation of privacy). On the federal level, people can file for copyright infringement, computer fraud, or abuse claims.
Forty states, including the District of Columbia, have laws against revenge porn as of August 2018. Even though these states have laws, all of the laws are profoundly different. For example, New Jersey law prohibits both the capture and the distribution of sexually explicit photographs by any person knowing that he is not licensed or privileged to do so. This was the very law used to prosecute Dharun Ravi, a Rutgers student who distributed webcam footage of his roommate Tyler Clementi engaging in sexual activity after Clementi killed himself. In Virginia, on the other hand, it is a class 1 misdemeanor to disseminate sexual photos without the victim’s consent, with the malicious intent to harass that person. It is punishable by up to two years in prison or a fine. Notice how in New Jersey, it is a crime to both capture and distribute the photos, whereas in Virginia, it is a misdemeanor to disseminate the photos.
In 2017, a couple in the Seattle area received $8.9 million in a judgment after an Arizona man posted sexual images that they had shared with him online. This is the biggest judgment ever in a revenge porn case that wasn’t a celebrity. The second largest judgment, was awarded to a Jane Doe in 2014, after she sued David K. Elam II after he began posting sexual photos and videos of my good sis on pornography websites and impersonating her on online dating sites. He apparently said that he wanted to make her life so miserable that she would want to kill herself. She was receiving explicit texts and emails from random strangers harassing her; saying that they were on their way to her. Because she took the photos herself, she already held the copyright to these explicit images. Once he began distributing them on online porn sites and sharing them, she registered her ownership, which is a prerequisite to seek relief under federal copyright laws. After four years of litigation, the United States District Court in California awarded her 6.4 million dollars, the second biggest just ever in a revenge porn case for someone that wasn’t a celebrity. Jane Doe was awarded (1) $3 million for severe emotional distress; (2) $3 million dollars in other damages (stalking and online impersonation with an intent to cause harm); and (3) $450,000 for copyright infringement.
If you, or someone that you know, has had this happen to them, then I highly suggest you look at the laws in your state, find a lawyer, and figure out if there are remedies for you in your state! I’ve seen too many people crying at home over their nudes being released without their permission, but instead of crying, you should be crying laughing at whoever released your photos in the court room when you take every penny from them.