The Dirty Truth about Revenge Porn
Posted November 6th, 2019 by Anthony Carbone.
Categories: Attorney Anthony Carbone, Criminal Defense, Legal Topics.
Revenge porn isn’t just ugly. Truth be told, it’s also against the law. You could be the victim, mortified beyond belief. Victims of revenge porn may also face:
- Damaged reputation
- Emotional scarring
- Career setbacks
- other negative effects
Meanwhile, if you’re the one distributing intimate photos from a past or present relationship, you could find yourself in big trouble.
“I don’t think most people recognize how the courts view revenge porn,” says Jersey City Attorney Anthony Carbone. “In most cases, it’s a type of domestic violence and also comes with criminal charges.”
Take the case of Jane meets Dick (assuredly, not their real names.) The two hit it off remarkably well and enjoy months and months of passion. At some point, Jane dons some suggestive lingerie and encourages Dick to photograph her.
There’s no question of consent. Jane and Dick are in their twenties and having a lot of fun. When Dick encourages Jane to get a bit naughtier, she easily complies. The end results in photographs that are more than a little revealing. However, the two are in love, and all is fair in love and war.
At least, you would think. Eventually, Dick gets the impression that Jane is stepping out on him. He figures he’ll fix her and turns the risqué photos into a battle weapon. Jane is shocked when she learns that Dick sends the pictures to her father and posts them on a message board for men looking for sex partners.
“First, you need to understand why this is domestic violence,” Carbone shares. “You only have to go out on one date to potentially qualify as a victim under New Jersey’s Prevention of Domestic Violence Act of 1991.”
The courts may not call it revenge porn; however, what Dick did is most definitely against the law. Pornographic images shared between two consenting adults are one thing. However, Dick chose to share the intimate photos without Jane’s permission.
New Jersey has very specific statutes that address cyber-harassment. Since there’s a good chance that Dick’s motives in sending out indecent pictures were an attempt to harm Jane, he could find himself facing criminal charges.
Meanwhile, it doesn’t stop there. Not only could Dick wind up in legal trouble, but Jane could also make an application to the court for a restraining order.
“Cyber harassment is actually a third-degree crime,” says Carbone. “A criminal court judge could conceivably put someone behind bars for up to five years for what comes down to an act of revenge.”
At one time, people resorted to revenge porn by sending actual photographs or dropping them off in sealed envelopes. However, technology has created an open arena for the dissemination of intimate photographs. More than likely, victims will want to know the extent of distribution.
Since internet pictures have their own unique web address, there’s the idea of conducting a reverse image search on Google images. From there, it’s possible to do some kind of damage control.
“Unfortunately, this type of thing happens all the time,” Carbone admits. “I’m here to help my clients get through what they perceive as a threat to their reputations.”
If you have concerns about revenge porn, it’s certainly worth a call to Attorney Carbone. Call or email him to schedule a meeting.
