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Jun 4, 2021
California was the first state to outlaw revenge porn in 2013. That year, legislation made it a misdemeanor to share “intimate images” of a person without their consent. The current penalty for a first-time revenge porn offense is six months in jail.
Last year, California Assemblyman, Tom Lackey, introduced Assembly Bill 2065 (AB 2065). If passed, the legislation would make sharing revenge porn a felony, punishable by more than a year in prison. Additionally, anyone found guilty of violating the law would be required to register as a sex offender.
But if you’re the victim of revenge porn, a short prison sentence for the offender might not seem like sufficient justice. What can revenge porn victims do under civil law to further punish offenders?
Below we’ll review what the law says about revenge porn, look at the potential ramifications for victims who have endured such abuse, and discuss how to file a revenge porn civil lawsuit to recover financial compensation for various losses.
Revenge porn is the distribution or sharing of sexually explicit images or videos of an individual without that person’s consent. Whether the images or videos were made when the victim was intimately acquainted with the offender, or the offender took pictures/videos of the victim without his or her consent, revenge porn is a crime. If anyone distributes intimate images or videos of you without your consent, that’s illegal, and grounds for a civil lawsuit towards a financial damages award.
Yes. California law states that it is illegal to “distribute the images wherein the victim is identifiable, with the intent to cause serious emotional harm or distress to the victim, thus causing the victim to actually suffer such distress.” In other words, if someone distributes intimate images or videos of you and it causes you harm, the act of releasing that material is illegal.
Additionally, California Senate Bill 255 (SB 25), which took effect in 2013, states that:
Filing a civil lawsuit against the person who distributed the intimate images is an entirely separate matter from any criminal charges or proceedings that may occur. Moreover, the criminal case has no bearing on the civil case. Regardless of whether or not any criminal charges were filed, if you endured harm as a result of someone distributing intimate images of you, the matter more than likely warrants a civil lawsuit.
Victims of revenge pornography have to come forward to file a claim in civil court. By filing a civil claim, the revenge porn victim is able to pursue financial damages for emotional trauma, lost earning capacity, diminished quality of life, and more.
The value of any civil case depends largely on the circumstances of the incident, the severity of harm endured by the victim, and the experience and skill of the victim’s attorney. An experienced sex crimes attorney should be able to obtain maximum financial compensation that could help cover any past, present, and future psychological care, any lost wages, reduced earning capacity, and reduced quality of life.
Additionally, if the revenge porn images or videos were distributed on the internet, the final damages award you receive may help cover costs involved with expunging that material. All told, a revenge porn case could be worth between tens of thousands of dollars and tens of millions of dollars depending on the circumstances and the extent of the distribution.
At DLG, our team of Sexual Assault Justice Experts (SAJE), have dedicated their lives to helping victims of sex crimes such as revenge porn for decades. With DLG, revenge porn victims have 24/7 access to four tiers of all-encompassing representation:
Sam Dordulian founded DLG on the belief that sex crimes such as revenge porn need to be handled by a qualified team of professionals. He created the SAJE Team to allow victims of revenge porn to come forward on their own terms, ensuring they receive more than just expert legal representation. With DLG, revenge porn survivors have access to all-encompassing support in addition to the best legal team available.
DLG’s SAJE Team is available 24/7 to answer any question you may have or begin the process of filing a claim and pursuing a maximum financial damages award. When you reach out to DLG, we’ll listen to the facts of your case, launch a thorough investigation, get you access to all members of the SAJE Team, and begin the legal process.
Filing a civil claim is something that needs to be done as soon as possible after discovering that the images or videos have been distributed. Although California does not have an explicit statute of limitations (deadline) for revenge pornography, filing a claim sooner rather than later is advisable. Material distributed on the internet can multiply exponentially in a matter of minutes. The longer a victim of revenge porn waits to file a claim, the more difficult the expungement process will likely be after a successful civil outcome.
By choosing DLG to handle your revenge porn case, we’ll immediately dispatch Detective Moses to begin the investigative process.
Our Sexual Assault Justice Experts are here to help survivors secure justice. Contact our top-rated attorneys online or by phone for a free consultation today.
At DLG, we’ve created the Sex Crime Division’s SAJE Team to offer the best legal representation available for revenge porn victims. Having your life turned upside down because someone distributed intimate images or videos can be a harrowing and traumatic experience. Revenge porn can impact your work, your family, your personal life, and so much more. We’re here to serve as your dedicated advocate and fight for your right to recover financial compensation for all the trauma, harm, and damage the offender’s actions have caused.
Our 98% success rate and history of recovering over $200 million in settlements and verdicts is proof that when you choose DLG, we’ll handle your revenge porn case with the professionalism, discretion, and skill required to reach a successful conclusion.
Contact us today online or by phone at 866-GO-SEE-SAM to learn more about why Dordulian Law Group is the number one revenge porn law firm in California. Our experience, dedication, and results are unparalleled, and we will not rest until we’ve secured justice on your behalf after an unfortunate revenge porn ordeal.
Read also: Revenge Porn Attorneys – How Can I File a Revenge Porn Civil Lawsuit?
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