Can I Sue For Revenge Porn? Your Guide to Filing Suit

Revenge porn is a devastating violation of privacy that can leave victims feeling humiliated, traumatized, and powerless. If you or someone you love has been the victim of revenge porn, you may be wondering what legal options are available to you. Can you sue the person who shared your intimate images without your consent? What types of damages can you recover? How do you even begin the process of filing a lawsuit?

In this guide, I’ll answer all of these questions and more, providing you with the information you need to take back control and seek justice.

What Is Revenge Porn?

Revenge porn, also known as non-consensual pornography or image-based sexual abuse, is the act of sharing private, sexually explicit images or videos of someone without their consent. This can include photos or videos that were taken with the victim’s knowledge and consent, such as in the context of an intimate relationship, as well as images that were obtained without the victim’s knowledge, such as through hidden cameras or hacking.

In many cases, revenge porn is shared by an ex-partner who wants to humiliate or punish the victim after a breakup. However, offenders can also include hackers, online stalkers, or even complete strangers who obtain the images through other means. Regardless of how the images were obtained or the offender’s motives, sharing sexually explicit images without consent is a serious violation of the victim’s privacy and can cause immense harm.

What Are Your Rights as a Victim of Revenge Porn?

As a victim of revenge porn, you have the right to take legal action against the person who shared your intimate images without your consent. This includes filing a civil lawsuit to seek damages for the harm you have suffered, as well as pursuing criminal charges in some cases.

It’s important to note that revenge porn laws vary by state, and not all states have specific laws addressing this issue. However, even in states without specific revenge porn laws, victims may still have legal options under other areas of law, such as privacy, harassment or copyright law.

What Legal Claims Can You Bring In A Revenge Porn Lawsuit?

When suing for revenge porn, there are several legal claims you may be able to bring, depending on the specific facts of your case and the laws in your state. Some of the most common claims include but are not limited to:

Revenge Pornography

Many states have created specific forms of civil reliefs that allow victims to bring lawsuits specifically for revenge pornography. States vary in what is legally required for a victim to demonstrate in order to be awarded monetary compensation.

Invasion of Privacy: Public Disclosure of Private Facts

Public disclosure of private facts is another invasion of privacy claim that may apply in a revenge porn case. This claim arises when someone publicly discloses private information about you that is not of legitimate public concern and would be highly offensive to a reasonable person. To prove this claim, you would need to show that the images were private, that the defendant disclosed them to the public, and that the disclosure would be highly offensive to a reasonable person.

Invasion of Privacy: Intrusion upon Seclusion

Intrusion upon seclusion is another type of invasion of privacy claim that may be relevant in a revenge porn case. This claim arises when someone intentionally intrudes upon your private affairs or concerns in a way that would be highly offensive to a reasonable person. Of course, publicly posting intimate images to the Internet that were always intended to remain private would likely be seen as intruding upon the private affairs of another person.

Intentional Infliction of Emotional Distress

Another potential claim in a revenge porn case is intentional infliction of emotional distress (IIED). To prove this claim, you need to show that the defendant’s conduct was extreme and outrageous, that they intended to cause you severe emotional distress (or knew that their actions were likely to cause such distress), and that you suffered severe emotional distress as a result.

What Types of Damages Can You Recover in a Revenge Porn Lawsuit?

If you prevail in a revenge porn lawsuit, you may be entitled to various types of damages depending on the harm you have suffered and the specific claims you bring. Depending on the claims you assert and the state you reside in, you may be able to obtain a monetary award for the following:

Emotional Distress

Revenge porn can cause severe emotional distress, including anxiety, depression, PTSD, and even suicidal thoughts. You may be able to recover damages for this emotional distress, which are intended to compensate you for the mental anguish and suffering you have endured. If you require medical treatment or therapy as a result of being victimized, you may be able to recover the costs of that treatment as part of your economic damages.

Punitive Damages

In some cases and states, you may also be able to recover punitive damages, which are designed to punish the defendant for their egregious conduct and deter others from engaging in similar behavior. Punitive damages are typically only available in cases where the defendant’s actions were particularly malicious or oppressive.

Economic Damages

Revenge porn can also cause economic harm, such as lost wages, if you have to take time off work due to emotional distress or damage to your professional reputation. You may be able to recover these economic damages in a lawsuit. If the revenge porn caused you to lose your job, miss out on job opportunities, or take time off work, you may be able to recover damages for your lost wages and earning capacity.

How Do You Gather Evidence to Build Your Revenge Porn Case?

To build a strong revenge porn case, it’s important to gather as much evidence as possible to support your claims. Some key types of evidence may include:

• Screenshots of the revenge porn images or videos, as well as any accompanying text or comments However, if you or anyone else is under the age of 18 in the content, do not save screenshots of the content to your devices as this may be construed as possession of child pornography.
• Copies of any communications with the defendant, such as emails, texts, or social media messages
• Witness statements from people who saw the images or have knowledge of the situation
• Medical records or bills showing any treatment you received as a result of the emotional distress
• Documentation of any lost wages or other economic harm you suffered

An experienced revenge porn attorney can help you gather and preserve this evidence to build the strongest possible case.

What’s the Process for Filing a Revenge Porn Lawsuit?

If you’re considering suing for revenge porn, it’s important to understand the process and what to expect. While each case is unique, here’s a general overview of the steps involved:

Step 1: Consult with an Experienced Revenge Porn Attorney

The first step is to consult with an attorney who has experience handling revenge porn cases. They can review your case, explain your legal options, and help you decide on the best course of action. Look for an attorney who has a track record of success in this area of law and who you feel comfortable working with.

Step 2: Send a Demand Letter

In some cases, your attorney may recommend sending a demand letter to the defendant before filing a lawsuit. This letter will outline your legal claims and demand that they take certain actions, such as removing the content from the internet and paying damages. In some cases, a strongly worded demand letter may be enough to resolve the situation without needing to go to court.

Step 3: File the Complaint

If the defendant does not respond to the demand letter or refuses to comply with your demands, the next step is to file a formal complaint in court. The complaint will lay out your legal claims against the defendant and request specific relief, such as damages and an injunction ordering them to remove the revenge porn.

Step 4: Conduct Discovery

After the complaint is filed, the case will move into the discovery phase. During this time, both sides will exchange evidence and information relevant to the case, such as documents, witness statements, and expert reports. Your attorney will use this discovery process to build a strong case on your behalf.

Step 5: Attend Mediation or Go to Trial

Many revenge porn cases are resolved through settlement negotiations or mediation, where a neutral third party helps the parties reach an agreement. If a settlement cannot be reached, the case may proceed to trial, where a judge or jury will hear evidence and decide the outcome of the case.

What If the Defendant is Anonymous or in Another State?

In some revenge porn cases, the defendant may be anonymous or located in another state, which can complicate the legal process. However, there are still options available for seeking justice.

Unmasking Anonymous Posters

If the defendant is anonymous or unknown, your attorney may be able to file a “John Doe” lawsuit and use the discovery process to uncover their identity. This may involve subpoenaing records from websites or internet service providers to obtain the defendant’sIP address or other identifying information.

Even if you are never able to identify the defendant, you may still be able to secure a default judgment entry against “John Doe.” This judgment entry may help you in removing the content from websites that require victims to provide a court order in order to remove content.

Suing Out-of-State Defendants

If the defendant is located in another state, you may still be able to sue them in your home state if they have sufficient contacts with that state. For example, if they directed their conduct towards your state or caused harm in your state, a court may find that they are subject to personal jurisdiction there. Your attorney can help you navigate these complex jurisdictional issues and determine the best course of action.

How Can an Attorney Help with Your Revenge Porn Civil Case?

Hiring an experienced revenge porn attorney can make a significant difference in the outcome of your case. Here are some of the ways an attorney can help:

Ensure You File Your Best Case

An attorney can review the facts of your case and help you determine the best legal claims to bring against the defendant. They can also ensure that your complaint is properly drafted and filed in the appropriate court.

Handle All Legal Procedures and Deadlines

Litigation involves many complex procedures and deadlines that can be difficult to navigate on your own. An attorney can handle all of these legal requirements on your behalf, ensuring that your case stays on track and that you don’t miss any important deadlines.

Negotiate a Favorable Settlement

In many cases, an attorney can negotiate a favorable settlement with the defendant or their legal team, saving you the time, expense, and stress of going to trial. An experienced attorney will know how to leverage the strengths of your case to achieve the best possible outcome.

Zealously Advocate for You in Court

If your case does go to trial, an attorney can zealously advocate for your rights in court. They can present evidence, cross-examine witnesses, and make compelling legal arguments on your behalf, increasing your chances of a successful outcome.

What Else Can You Do to Protect Yourself as a Revenge Porn Victim?

In addition to filing a lawsuit, there are other steps you can take to protect yourself as a revenge porn victim:

Send Removal Requests to Websites

If revenge porn is posted on a website, you can send removal requests to the websites demanding that they remove content that was posted without your consent. If you took the photos or videos, you likely own the copyright to the content and can submit a takedown notice under the Digital Millennium Copyright Act (DMCA) demanding that the website remove the content.

However, if you are planning on filing a lawsuit or pressing criminal charges, it is best to consult with an attorney before sending removal demands since you may be inadvertently deleting evidence and data needed to link the defendant to posting the content.

File a Police Report

In some cases, revenge porn may also be a crime. Filing a police report can help create an official record of the incident and may lead to criminal charges against the defendant.

Seek Counseling and Support

Revenge porn can take a heavy emotional toll. Don’t be afraid to seek counseling or support from trusted friends, family members, or a therapist who can help you cope with the trauma and begin the healing process.

You Deserve Justice After Revenge Porn. We’re Here to Help.

No one deserves to have their most intimate moments shared without consent. If you’ve been the victim of revenge porn, know that you are not alone and that you have legal options available. By filing a civil lawsuit against the defendant, you can hold them accountable for their actions, recover damages for the harm you’ve suffered, and take back control of your life.

At Minc Law, we understand the devastating impact that revenge porn can have on victims, and we’re here to help. Our experienced attorneys have a track record of success in handling these sensitive cases, and we’ll work tirelessly to help you achieve the justice and closure you deserve.

Contact us today for a confidential consultation. We’ll review your case, explain your legal options, and help you determine the best path forward. Remember, you have the right to control your own intimate images and videos, and no one can take that away from you. Let us help you assert those rights and move forward with your life.