Revenge Porn Damages

In the age of digital connectivity, our lives are intricately woven into the fabric of the internet. This connectivity brings about unprecedented opportunities for communication but also exposes us to vulnerabilities previously unimagined. One such vulnerability is the heinous act of revenge porn.

Revenge porn inflicts deep and lasting wounds on its victims. Beyond the initial betrayal of trust, victims often grapple with severe emotional distress, reputational damage, and even physical harm. This article from Buckingham examines the types of damages victims of revenge porn can pursue against their harasser and the best strategies for pursuing those claims. 

What is Revenge Porn?

Revenge porn is the non-consensual sharing of intimate media with the intent to embarrass, humiliate, or harm someone. Revenge porn is a subcategory of an even larger problem, known as nonconsensual pornography sharing. From a global perspective, approximately 4% of internet users have been victims of revenge porn, and about 1 in 12 U.S. adults report that they have been victims of image-based abuse.

Almost all states have enacted statutes making revenge porn a crime. While it is not yet a federal crime, Congress did enact a civil cause of action, which allows victims of revenge porn to pursue civil claims against the perpetrators. Many states are starting to create specific civil causes of action, in line with the Federal statute. 

Even if the state in which you reside doesn’t have a specific civil cause of action for revenge porn, there are still numerous tort claims you can pursue if you are the victim of revenge porn, including invasion of privacy, intentional infliction of emotional distress, online defamation, and potential copyright claims. 

If criminal charges are pursued for a violation of a revenge porn statute, a prosecutor has the option to pursue damages on behalf of the victim, but is not required to do so. If the prosecutor declines to do so, or if a victim has to pursue civil claims only, proving damages in your revenge porn case is crucial to ensure justice is served. 

Pursuing a Lawsuit for Revenge Porn

Regardless of whether criminal charges are being pursued, victims of revenge porn always have the option to pursue civil claims against the perpetrator. This option can be very burdensome on the victim of revenge porn, but gives the opportunity to hold the perpetrator accountable, especially in cases where the prosecutor has either declined to press charges or declined to pursue damages for the victim. 

If you’re going to file a lawsuit for revenge porn, one of the essential elements to being successful is showing the extent of the damage the non-consensual sharing or posting has had on the victim. Damages in these cases come in several different forms, and each one is equally impactful on the judge or jury in deciding the penalty for the perpetrator.

Emotional Distress

The emotional toll of revenge porn cannot be overstated. Victims experience a spectrum of emotions ranging from humiliation and shame to anxiety and depression. The violation of privacy and intimate trust leaves an indelible mark on their psyche, impacting personal relationships, professional aspirations, and overall well-being. Assessing the extent of emotional distress requires sensitivity and a nuanced understanding of the individual’s experiences and coping mechanisms.

Reputational Damage

In today’s digitally driven world, your online reputation is incredibly important. Revenge porn thrusts victims into a public spotlight they never sought, tarnishing their reputation and undermining their credibility. Employers, colleagues, friends, and family may all be exposed to the intimate details of their lives, leading to ostracization and social isolation. Rebuilding trust and restoring one’s reputation in the aftermath of such an ordeal is a Herculean task, often requiring extensive support and resources.

Financial Losses

The repercussions of revenge porn extend beyond the emotional and psychological realms to tangible financial losses. Victims may face job loss or difficulty securing employment due to the dissemination of intimate images or videos. Legal fees, therapy costs, and expenses associated with mitigating the fallout further compound the financial burden. Quantifying these losses necessitates a comprehensive assessment of the victim’s professional trajectory, earning potential, and incurred expenses.

Physical Harm

In some cases, revenge porn escalates to physical harm, with victims facing threats, harassment, or even violence from perpetrators or individuals who have accessed their intimate content. The fear of physical retaliation exacerbates the trauma experienced by victims, inhibiting their ability to seek recourse and reclaim their sense of safety and autonomy.

Find Support from a Defamation Attorney

Damages in a revenge porn case extend far beyond the initial act of betrayal, encompassing profound emotional, reputational, financial, and physical repercussions. Choosing an experienced defamation attorney can provide support in your case, ensuring you have the trust, support, and guidance needed.

Contact Andrew Stebbins and Christina Williams to discuss your revenge porn situation.