Revenge Porn is Devastating. A Revenge Porn Lawyer Can Help
Revenge porn is when a person’s intimate images are shared without consent. Revenge porn is more common than ever, fueled by the rise of messaging apps and social media. However, experiencing revenge porn should never be considered “normal.” Revenge porn is a crime, and a civil wrong, that can affect all aspects of your life and reputation. If you are a victim of revenge porn, don’t wait. Get in touch with an experienced revenge porn lawyer at Late Night Law to protect your rights and privacy.
What Is Revenge Porn?
Revenge porn and non-consensual porn both involve the sharing of sexually explicit images or videos. But they aren’t exactly the same. Non-consensual porn occurs when sexually explicit material is shared without the subject’s consent. Revenge porn occurs when sexually explicit media is shared without consent by an intimate partner.
According to the National Association of Attorneys General, 80% of non-consensual porn is revenge porn. This means that the material was first shared privately, between intimate partners, and then one of the parties distributed the content without the other’s consent. Often, these materials are shared online, alongside other personal information, such as the victim’s name, making them easily searchable and not only violating their privacy, but damaging their reputation. Because material shared over the internet can remain searchable for months or years and even become viral, this causes significant harm to the victim.
Key elements of revenge porn cases include:
- The intentional distribution of sexually explicit media
- Lack of the subject’s consent
- Proof of emotional and reputational damage
If you are a victim of revenge porn, it is critical to understand your rights. You are entitled to be protected by law to safeguard your privacy and dignity. Additionally, you may be able to seek compensatory and punitive damages, as well as other legal interventions. Contact us today for a free consultation.
Revenge Porn Law: State and Federal
Forty-nine states and two U.S. territories have laws against revenge porn. New Mexico statute criminalizes the electronic distribution of sensitive images with intent to harass or cause emotional distress. Under New Mexico state law, revenge porn in New Mexico is a misdemeanor for a first offense, and a second offense under New Mexico’s revenge porn statute is a fourth-degree felony.
Colorado law also takes revenge porn very seriously. Under Colorado law, revenge porn is a class 1 misdemeanor that carries a penalty of up to one year in jail. However, the Colorado revenge porn statute also carries a mandatory penalty of a $10,000 fine. Thus, even if the offender avoids jail time, they will still have to pay $10,000.
Colorado also gives victims of revenge porn the right to sue the person who posted their private images, including both the right to injunctive relief and presumptive damages of either $10,000 or actual damages and attorney fees. Victims of revenge porn in Colorado also retain a protectable right of authorship regarding the commercial use of their private images.
Currently, federal law does not criminalize revenge porn. However, it does provide victims the right to sue the person who posted their private images. Under federal law, victims of revenge porn can sue for their actual damages, or $150,000 in liquidated damages, plus court costs and attorney’s fees, as well as injunctive relief, i.e., a court order requiring the perpetrator to remove the victim’s private images and stop sharing them in the future.
Getting Compensation For Revenge Porn
Revenge porn is becoming a more prevalent form of online harassment. As such, victims can pursue different types of damages, including:
- Economic damages, to cover any financial loss caused by the act
- Non-economic damages, such as emotional pain and suffering
- Punitive damages, which are aimed to punish and deter future offenses
Because revenge porn is a relatively new area of law, building up evidence for a strong case can be challenging when digital tools and social media channels are involved. That is why partnering with a revenge porn lawyer can make a big difference.
Are You A Victim Of Revenge Porn? Contact a Qualified Revenge Porn Lawyer Today.
A revenge porn lawyer can help you understand your options. If you are a victim of revenge porn, consider booking an initial consultation with the attorneys at Late Night Law. We can help you build a strong case, protect your rights, and secure the compensation you deserve. Contact us today at (505) 225-2623.