Victims of Revenge Porn Can Sue Their Harassers
“Revenge porn” is the posting of intimate or nude images of person by an ex-partner on the internet. Approximately 10 person of ex-partners have threatened to post sexually explicit images online and of those about 60 percent have actually followed through on their threat.
Many victims are coming forward after finding these images posted online without their consent. Sometimes, the victims true names and addresses are used. Often the victims are met with law enforcement officers who are confused about what laws to apply to this conduct. Some police officers even told victims there was nothing that could be done. Fortunately for citizens in Washington this is no longer true. Washington has joined 16 other states around the country in outlawing “revenge porn.” In the 2015 Legislative Session, it became a gross misdemeanor to post intimate images without the depicted person’s consent.
It is also possible for victims of “revenge porn” to sue their harassers. A person who posts an intimate image without the consent of the person depicted in the image is liable for the emotional damages done. Importantly, the Legislature also included a provision for “reasonable attorneys’ fees.” This means that, if found liable, the perpetrator would have to pay the attorney fees of the victim as well as the damages. Finally, the law allows for what is called “injunctive relief” which means a Court could order the private images to be taken down.
Unfortunately, once the sexually explicit picture or video is on the internet it is very difficult to remove it. Erin Andrews, the victim of a nude video being posted online, can attest to the difficulty in removing the images once they have made their way online.
It is interesting to note that the Washington State Legislature was careful not to include the owners of the various website as persons or entities subject to liability. It is easy to imagine companies like Google or Yahoo lobbying successfully to prevent such liability.
