The Price of Committing Cyber Crimes

Last year, in a revenge porn case in civil court, Houston attorney Jacob Schiffer helped represent a woman whose former partner emailed intimate pictures and videos—much of them taken in secret—to her employer, friends and family. He also posted the images online. The personal injury lawsuit, which Schiffer worked on with lead trial attorney Bradford J. Gilde, made international headlines after the jury agreed to award the client $1.2 billion.

Schiffer, whose personal injury firm has expertise in representing sex crime victims, acknowledges that the man who committed these acts was unlikely to pay anything close to the full amount, but says, “It sends a signal to anyone wanting to do this in the future.”

Revenge porn—the unlawful disclosure of visual intimate material—online stalking, and other computer-based sex crimes are on the rise, and, though Texas has responded with a range of new laws criminalizing such behavior, Schiffer says victims must often turn to personal injury lawsuits to stop the harassment. 

“It’s rare for law enforcement to investigate revenge porn cases, much less for it to go to the district attorney’s office,” he says. “You effectively have to go to civil court in order to make them take all that stuff down.”

Texas law prohibits a variety of online harm. Harassment is a one-time action—such as sending an unsolicited nude photo—while stalking is a more serious offense involving a pattern of behavior. In 2023, the Texas Legislature passed a law criminalizing doxxing—publicizing someone’s contact information or address in an effort to cause them harm. A key component of its revenge porn statute allows victims to sue for emotional damages alone, without having to prove economic or physical damages.

There are federal laws prohibiting harassment, too, Schiffer says, but because of the strength of Texas’ state laws, they rarely come into play in the cases he pursues.

So what should you do if you find yourself the victim of such actions?

First, Schiffer says, report the incident to law enforcement. Even if the police or DA don’t follow up, it’s essential to have the case file on record. “If you go in front of a civil judge before you even start the criminal action, [the jury] is going to look at it as a cash grab,” he says.

Second, Schiffer says, make sure you collect evidence, including screenshots, voice recordings and text messages. Personal testimony, after all, only goes so far. “But if all of that evidence is saved over the pattern of the behavior, not only does it help law enforcement make sure you’re protected and allow the district attorney’s office to establish their case, it’s also the kindling fuel needed for a civil verdict.”

Recovering damages can be a complicated matter. Defendants in these cases typically don’t have the resources and insurance rarely covers these claims. Still, he says that contacting an attorney—many of whom provide free consultations—is the best thing a victim of cyber harassment can do. An attorney can advise on the unique circumstances, including how to organize evidence and what to say to law enforcement, so the individual is more likely to get help.  

Most of the cyber harassment claims that Schiffer has pursued end in confidential out-of-court settlements. “When the evidence is good,” he says, “we send it to the individuals before filing the public lawsuit and say: You can’t get around this.”