Defining Revenge Pornography and How to Pursue Legal Redress

There are at a least 38 states and the District of Columbia in the US that have revenge pornography law. In those states, the law may be utilized to help protect victims of revenge pornography as well as punish perpetrators of the offense.

As such, what is revenge pornography, and what should a victim do toward finding justice for the offense against them? Revenge pornography implies the illicit and ill-intentioned conveyance of personal sexual material (usually videos and images) via any media, particularly the web, with somebody as the focus of the material. Usually, the subject is nude or performing a sexual act. In majority of the cases, the material is taken with the consent of the victim, typically by their partner on a camera or phone.

The subject may create the said material and send it through private messages, but the material could later be posted online without the subject’s authorization, probably after a relationship breakup. The offender who publishes the material is often motivated by the desire for vengeance or control of the victim. The consequences are usually disastrous to the victim. Nonetheless, all nonconsensual pornography is a crime even if revenge is not its primary desire, including in cases where the offender feels absolutely nothing toward the subject.
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Pursuing Legal Recourse as a Subject of Nonconsensual Pornography
The 9 Most Unanswered Questions about Options

Hire a lawyer so long as you require legal counsel over a relevant revenge pornography case. Your revenge pornography lawyer will answer relevant questions and show how to address your case. The attorney can be instrumental in applying the relevant state law to fight revenge pornography and help protect restate your right to sexual privacy. Should you choose to go to court, your lawyer will provide courtroom advocacy for you, taking care of important documentation and evidence for you.

A Cease and Desist Letter

The issuance of a cease and desist letter may conclusively resolve a revenge pornography case in some cases. A court gives the order, directing to the revenge pornography perpetrator and cautioning them not repeat their violations toward the victim or face further court action.

Internet Material Removal

You could leverage both federal and state laws in your push to remove revenge pornography that violates your rights. For example, the Digital Millennium Copyright Act (DMCA) allows you seek the removal of any online content that belongs to you, including personal photos and videos. And when the distribution of nude images and videos without consent is illegal according to your revenge pornography state laws, websites featuring such content need to remove it, otherwise they’re breaking the law.

Using legal assistance, you may fight revenge pornography wherever it is illegal.