What is Revenge Porn?
Revenge porn laws protect against the distribution of sexually explicit images or videos of an individual without their consent. Revenge porn, also known as non-consensual pornography, often happens when a person shares sexually explicit content, such as nude or sexually suggestive photographs or videos of their partner or ex-partner with the intent to harm or humiliate them. This content is often shared with friends, family, or on the Internet with the intent to cause emotional distress, damage the individual’s reputation, or even ruin their career and personal relationships.
Revenge porn is an illegal form of online harassment and can have serious consequences for the victim, including emotional distress, loss of income, and damage to their reputation. It can also lead to feelings of isolation and disconnection from family and friends, as well as problems with self-esteem and self-worth.
It’s worth mentioning that revenge porn and non-consensual pornography are not only limited to ex-partners, it can happen to anyone who has shared their sexually explicit material with someone else, for example, a person who has been scammed or tricked into sending explicit material to someone, or someone who’s explicit material has been leaked by a hacker.
Victims of revenge porn can pursue damages against the perpetrator of up to $150,000 or more and while remaining mostly anonymous.
Utah’s Revenge Porn Laws
Utah has criminal revenge porn laws that protect individuals from revenge porn, also known as non-consensual pornography.
In Utah, it is a criminal act to distribute sexually explicit images or videos of someone without their consent and with the intent to cause emotional distress or harm or with the knowledge that the disclosure will cause emotional distress or harm. Punishment can range from six months to a year in jail and fines range from $1,000 to $2,500. If the person charged is a repeat offender they could receive up to five years imprisonment and a $5,000 fine. These laws have been in effect for a while but in 2021 were updated to address various issues raised by the death of University of Utah student Lauren McCluskey.
A civil action for revenge porn is also available in Utah under federal revenge porn laws. In these cases you can file a civil action against the person who distributed the images or videos, as well as against the website or company that hosted the material if they have been notified and have not removed the material.
A civil lawsuit can seek substantial monetary damages for harm such as emotional distress, loss of income, and damage to reputation, and in some cases, a permanent injunction to prohibit the distribution of the images and videos. In some cases victims of revenge porn may be awarded as much as $150,000 or more.
Revenge Porn Sites
Revenge porn sites are websites that publish sexually explicit images or videos of individuals without their consent. These websites often rely on user-generated content, and they are typically created with the intent to harm or humiliate the individuals depicted in the images and videos.
Many of these websites are illegal and often operate in a gray area of the law. And they can frequently change their domain names making it difficult to track them down.
Some revenge porn sites are not at all meant to harm others. Facebook, Twitter, Instagram, Reddit, and other social media platforms are often misused for revenge porn purposes even though they are not actually intended to be used in that manner. Any site that contains user-generated content that is shared with others can be used in a revenge porn situation to distribute content without the consent of the person depicted.
CAUTION: We strongly advise against searching for or visiting revenge porn sites, as doing so can be emotionally distressing, and it can also expose you to computer viruses and potential legal liability. If you or someone you know is a victim of revenge porn, it is important to seek legal help instead.
What harm is Caused by Revenge Porn?
Revenge porn can cause a wide range of emotional distress for the victim, including feelings of embarrassment, shame, and guilt. It can also lead to anxiety, depression, and post-traumatic stress disorder (PTSD).
Victims may also experience feelings of isolation and disconnection from family and friends, as well as difficulty with trust and intimacy in relationships. They may also feel a sense of powerlessness and fear, as well as a loss of control over their own image and public persona.
The emotional distress caused by revenge porn can also have a significant impact on a person’s daily life. They may experience difficulty in their personal and professional relationships, as well as problems with self-esteem and self-worth. They may also have difficulty with sleeping, eating, and other basic daily functions.
The emotional distress caused by revenge porn can also be long-lasting, and can continue to affect a person’s mental health and well-being, even after the images or videos have been removed.
It is important for victims to seek legal assistance, counseling, and other forms of support to help them cope with the emotional fallout of revenge porn.
It’s worth mentioning that revenge porn can also have a significant impact on a person’s reputation and future opportunities, and it may have a negative effect on their career, education, and social relationships.
What can Victims do to Stop Revenge Porn?
Victims of revenge porn have several options to stop the distribution of sexually explicit images or videos. Here are some steps that can be taken:
- Contact the website or platform where the images or videos are hosted: Many websites and platforms have procedures in place for removing revenge porn content. Contacting the website or platform and requesting that the content be removed is often the most effective way to have it taken down.
- Contact the person responsible: In some cases, the person responsible for distributing the revenge porn may be willing to remove the content if contacted directly. However, it’s important to use caution when communicating with the person responsible, as they may be hostile or uncooperative.
- Contact the authorities: Revenge porn is a criminal offense in Utah and in many other states as well. Contacting the police and reporting the crime can help to hold the person responsible accountable for their actions.
- Seek legal help: A lawyer experienced in this area of law can help you understand your rights and options, and can help you to navigate the legal process. They can also help you to seek damages such as emotional distress, loss of income, and damage to reputation, and in some cases, a permanent injunction to prohibit the distribution of the images and videos.
- Document the evidence: Keep track of all the evidence related to the distribution of the images or videos, including screenshots of the images or videos, messages or emails related to the distribution, and any other relevant information.
- Take care of yourself: Dealing with revenge porn can be emotionally distressing, it’s important to take care of your mental and emotional well-being. Seek support from friends and family, and consider seeking counseling or therapy.
Can I File for a Permanent Injunction to Stop the Display of My Sexually Explicit Images and Videos
A permanent injunction is a court order that prohibits a person from engaging in certain activities. In the context of a revenge porn case, a permanent injunction would prohibit the person responsible for distributing the sexually explicit images or videos from doing so again.
A permanent injunction is available under Utah’s revenge porn laws. The injunction can stop the distribution and display of your sexually explicit images and videos. An injunction may also prohibit the person from contacting the victim or from posting any further information about the victim online. It can also require the person to take specific actions, such as removing the images or videos from the Internet, or to turn over any copies of the material to the victim or the court.
When seeking a permanent injunction, the victim must demonstrate that they have been harmed by the revenge porn and that the person responsible is likely to continue to engage in the harmful behavior. The victim must also show that the injunction is necessary to prevent further harm. These are fairly easy standards to meet if you have a good attorney helping you.
It’s important to note that a permanent injunction is a civil court order, not a criminal one, and it is enforced by the court. Still, if the person responsible for the revenge porn violates the terms of the injunction, they may be held in contempt of court, which can result in fines or even imprisonment.
A permanent injunction is a powerful tool for victims of revenge porn to gain control over their image and to prevent further distribution of their explicit material. It can also provide them with a sense of closure, and it can hold the perpetrator accountable for their actions.
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How Do I File a Revenge Porn Lawsuit
The first step in suing under the revenge porn laws is to gather evidence. This may include screenshots of the images or videos, as well as any messages or emails related to the distribution of the content. It is important to document any emotional or psychological harm that you have suffered as a result of the revenge porn. In many cases text messages between the victim and the perpetrator are available to prove the perpetrator intended to cause emotional distress and other harm by posting the sexually explicit images and video. Save everything for court.
Once you have the evidence, you can file a civil lawsuit. You may be able to sue for damages, including emotional distress, loss of income, and damage to your reputation. In most cases, you should also be able to seek an injunction, which would prohibit the person responsible for the revenge porn from distributing the images or videos further.
One important thing to consider when suing for revenge porn is the statute of limitations. In general, you will need to file your lawsuit within a certain amount of time after the revenge porn occurred. The statute of limitations varies by state and the type of claim being made. The best advice here is do not delay. Any delays can cause you to lose the right to sue for damages.
Another important thing to consider is that the person who posted the material might be anonymous, in this case you will have to rely on the website or company hosting the material to take it down, most companies have a procedure for that and you can contact them to remove the material. Hire an experienced attorney to help you obtain information from these sites about the perpetrator and their real identity.
Do Revenge Porn Laws Only Protect Women?
Revenge porn laws protect everyone regardless of gender. Both men and women can be victims of non-consensual pornography and can therefore sue for damages.
It’s worth to mention that men may face some additional challenges, as societal attitudes and stereotypes may lead some to believe that men would not be affected emotionally by revenge porn, or that they may have consented to the distribution of the images or videos. However, this is not the case and men can also suffer from the emotional distress caused by revenge porn.
Can Victims of Revenge Porn Sue but Still Remain Anonymous?
In many cases it is possible for a victim of revenge porn to remain anonymous when filing a lawsuit, but it depends on the laws of the state where the lawsuit is being filed and the specific circumstances of the case.
Contact a lawyer before you assume you have to reveal your identity publicly. Some states have laws that allow victims of revenge porn to file lawsuits anonymously by using a pseudonym instead of their real name. These laws vary from state to state and not all states have this provision. In most cases you can remain anonymous and still pursue damages but check with your lawyer before proceeding.
It’s critical to consult with an attorney experienced in revenge porn cases and who understands the laws and procedures of the state where the lawsuit is being filed to determine the best course of action. In any case, is important to always consider the possible consequences of revealing one’s identity and weigh them against the potential benefits of proceeding with the lawsuit.
Conclusion
According to the Center for Innovative Public Health Research one in 25 online Americans has been threatened with or had explicit images shared online without the subject’s consent. Some of the harassers are vindictive ex-lovers, who post images shared in confidence but others are hackers who invade a victim’s computer, cloud-storage account, or webcam. Some perpetrators even place hidden cameras in public bathrooms, gym locker rooms, and other places where they can obtain content to post.
Regardless of the source of the sexually explicit images or videos, suing under the revenge porn laws can be a difficult and emotionally draining process. It can also be an important step in holding the person responsible accountable for their actions and helping to restore your sense of dignity and control.
If you are a victim of revenge porn, it is important to speak with an attorney who is experienced in this area of law, and who can help guide you through the legal process. Overall, revenge porn laws help fight back against this serious issue and it is important for victims to know that they have legal options available to them, and pursuing legal action can help hold the perpetrator accountable and provide a sense of closure and empowerment for the victim.