Revenge porn victims now have more rights than ever before. We will employ all the tools the law now allows to get you justice. Click below to schedule a free consultation with an experienced attorney.
Nonconsensual pornography, commonly referred to as “revenge porn” is the unauthorized sharing of private intimate material. Revenge porn can take many forms. The most common situation occurs following the end of a romantic relationship, when a jilted former partner distributes private intimate images or videos of the other partner. Revenge porn takes a number of different forms, including but not limited to:
It can be devastating to the victim. The law has been slow to respond to the challenges of revenge porn. While many states have enacted criminal penalties, it can prove difficult or impossible to sue the person who distributed the revenge porn for money damages under state law. For example, in Georgia the General Assembly enacted O.C.G.A § 16-11-90 in 2014, which made the distribution of revenge porn a misdemeanor in some situations. O.C.G.A § 16-11-90 was amended in 2022 to make some forms of revenge porn a felony. However, there is no private right action in Georgia for violation of O.C.G.A § 16-11-90. Somerville v. White, 337 Ga.App. 414 (2016). This means that victims of revenge porn are unable to sue the perpetrator of revenge porn for money damages under Georgia law. This situation is similar in many states throughout the country.
Fortunately, the Federal government has responded to the revenge porn crisis by enacting federal protection for victims of revenge porn. If you are the victim of revenge porn on or after October 1, 2022 in any state, you may now have the ability to sue the perpetrator for money damages in federal court.