According to Psych Central, revenge porn is the sharing of private sexual materials of someone without their consent and with the intent to embarrass that someone or cause that person distress. The materials include photos and videos and are often posted on the internet. The posting is more than just psychologically damaging. Victims often feel vulnerable. Revenge porn may cause the person whose privacy has been shattered to be in danger.

Revenge porn generally occurs when the perpetrator feels hurt or betrayed – often as the result of a breakup. Those feelings are no excuse or justification for revenge porn. In fact, revenge porn may result in criminal charges and the filing of civil complaints. Psych Central notes:

The acceptance of viewing sexual images, whether you are a man or woman, also makes it more likely that there is material that can be abused in this way. Because of the desensitization that porn causes, many consider things like sexting or videoing intimate moments an appropriate expression of affection or desire.

There are limits to any consent you give at the time of any intimacy. Former partners need to know that new consent to post online or distribute sexual content that involves you is required after any breakup.

Generally, women are the targets of revenge porn. Psych Central recommends that women avoid being photographed or videoed in compromising positions. Of course, avoidance doesn’t help if the person who shares revenge porn photographed or took a video of you without your consent.

California’s revenge porn law

California law makes it illegal to post sexually explicit videos or images of a person without their consent when the posting is likely to cause serious emotional distress. The offense is punishable by up to six months in jail and a fine of up to $100,000.

The statute specifically provides that every person who commits any of the following acts is guilty of disorderly conduct, which is a misdemeanor:

A person intentionally distributes

• The image of the intimate body part or parts of another identifiable person, or
• An image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration,
• An image of masturbation by the person depicted
• An image in which the person depicted participates under circumstances in which the persons agree or understand that the image shall remain private

The person distributing the image knows or should know that the distribution of the image will cause serious emotional distress, and the person depicted suffers that distress.

Examples of revenge porn include:

• Taking naked photos of a spouse, partner, or lover – and then after the relationship ends, posting the photographs on social media
• Taking a video of someone in a sexual act and then posting the video on an internet sex site

Posting some suggestive photographs such as upskirt photographs may also be considered revenge porn.

Revenge porn can affect anyone, including celebrities. Threats to post sexual images or videos may also be considered to be revenge porn.

Civil remedies for revenge porn

If someone you had a relationship with posts or distributes sexual images or videos without your consent (even though you gave consent at the time the photos or videos were taken), you may have additional rights. These rights include:

• The right to file a personal injury lawsuit or a lawsuit based on the intentional infliction of emotional distress.
• The right to seek a restraining order or an injunction against your ex or anyone posting the sexual content for your ex – which prohibits any further posting or distribution of sexual images/videos that include you.
• The right to assert, where family law permits, the acts of revenge porn in the various issues in your divorce case if you file for divorce, division of property, and/or child custody.

Experienced sexual abuse lawyers file personal injury claims that cause someone harm. While most personal injury cases require some element of physical harm, such as injuries from a car crash, we also file sexual abuse claims and claims for the intentional infliction of emotional distress. Revenge porn is considered one type of sexual abuse.

To prove that sexual abuse or the intentional infliction of emotional distress occurred, our Los Angeles revenge porn lawyers work to show:

• That your ex had a duty to behave reasonably – that breaking up with someone never justifies posting sexual acts or images online without that person’s consent
• Your ex did post nonconsensual sexual images or videos of you online. We work to keep the actual images as tactful and as private as possible during the litigation process.
• The improper (and possibly illegal) posting of revenge porn caused you emotional distress.
  • The emotional distress may include anxiety, fear, depression, insomnia, nightmares, crying that won’t stop, weight gain or loss, an inability to focus, and an inability to do your job.
  • We work with psychologists, psychiatrists, and counselors who can help treat your emotional distress, write reports verifying and explaining your distress, and testify in court if necessary.
  • We may also verify your distress through your family, friends, and coworkers; and even through technical devices that track factors such as your heart rate and sleeping patterns.

We demand compensation for all your current and future:

• Medical expenses, including the cost of therapy
• Income loss, if the trauma of revenge porn prevents you from working
• Emotional suffering
• Any post-traumatic stress disorder you may have

Sexual abuse and the “intentional” infliction of emotional distress are unconscionable acts. That’s why, in addition to all the other damages, we seek punitive damages to punish your ex.

At Taylor & Ring, our California sexual abuse lawyers represent sexual abuse and assault victims throughout the Los Angeles area and Southern California.  We are respected for our caring and compassionate representation of sexual abuse victims and for our strong advocacy with insurance companies and in the courtroom. We’ve obtained numerous settlements and verdicts for hundreds of thousands and millions of dollars for sexual abuse and personal injury victims.

To discuss your right to compensation when an ex engages in revenge porn, call us or complete our contact form to schedule a free initial consultation with one of our Los Angeles attorneys. We’ll explain your rights and fight for all the compensation you deserve.

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