Some studies report that as many as one in three people have sent naked photos of themselves. Some will regret their actions much more than others, especially with the increase in these photos being used as “revenge porn.” Revenge porn is a term used to refer to sexual photos (usually of a woman) maliciously posted by a person (often a former significant other) online. Several sites feature the photos. Recently, a California bill that would criminalize some types of revenge porn was passed in the California Senate and is awaiting approval from Governor Jerry Brown.
Victims often suffer much more than embarrassment, reporting inability to find a job or start new relationships. Many sites include the contact information of the women, in which case they suffer from endless harassing e-mails.
Lawyers often tell victims who have their photos posted on sites that little can be done. However, there have been judgments in favor of victims, including one for $300,000 in a Michigan federal court. Despite difficulties, many still think that this is an issue best seen as an invasion of privacy that should be dealt with by the courts, especially considering First Amendment implications of criminalizing posting the photos.
Before the California legislation, New Jersey was the only state that had a statute that could be used to criminally prosecute those who were posting the photos. New Jersey’s law was aimed at videotaping and was passed in the aftermath of a Rutgers student committing suicide after finding that his sexual actions had been videotaped and viewed by others. The California law would only apply to photos taken with the intent to inflict distress and would not apply to photos taken by the victim.
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