‘This Too Shall Pass’

While revenge porn is relatively new as a legal concept, there is no shortage of cases. Attorney Andrew Stengel’s New York firm gets a call every day from another victim. 

The law that passed in New York in 2019 concerning revenge porn was several years in the making, with advocates fighting since 2013 to get the protections in place. Now 48 states have similar laws. 

“One of the most important things about these laws is that it’s a public signal that we in New York don’t tolerate expressing oneself through the nude images of another person,” says Carrie Goldberg, whose victims’ rights law firm has seen thousands of revenge porn cases.

Consequences for Perpetrators

Revenge porn, or nonconsensual pornography, is the publishing or sharing of sexual pictures or videos without the subject’s consent, even if consent was given for the images to be captured.

New York criminalizes these non-consensual disseminations, and provides a civil route for victims to sue the offenders. 

Before this law, Goldberg says the only civil route for victims was to plead intentional infliction of emotional distress. “Which is a pretty high standard,” she says. Her cases often use both now, but “it’s nicer to have the civil cause of action that’s specifically designed for this kind of conduct.” 

Many offenders, though, may not have assets to lose. Civil claims then often don’t always make economic sense for victims, or attorneys. “That’s why it’s so important for there to be the criminal component,” Goldberg says. “The fear of being arrested can be a bigger deterrent than the fear of being sued.”

A criminal conviction can bring up to a year in jail and fines up to $1,000. 

Protections for Victims 

Most of Goldberg’s revenge porn cases are focused on getting the content removed. The law gives judges the power to order sites to take down the photos and links. 

The New York law makes revenge porn a type of domestic violence. “When we first started the law firm in 2014, we were seeing cases of people who were losing their jobs because their employer had become aware of sexual material online,” Goldberg says. “If they were looking for a job, they would potentially not be considered an applicant because the employer wouldn’t want the drama.” Now, because state housing and employment law provides protections for victims of domestic violence, victims can sue employers who discriminate against them. 

Victims can also seek an order of protection against a perpetrator, and file a workplace harassment complaint if the offender was a coworker. 

What to Do if You’re a Victim 

If you’ve been targeted, don’t panic. 

Take screenshots of everything right away and make note of the URLs before making any attempts to have it removed. Most social media platforms, search engines and even many mainstream pornography sites now have a means to report and remove the content. “[Most sites] that receive a takedown notice, for example Pornhub, are going to remove the image or video upon the request,” Stengel says.

Then reach out for support. The Cyber Civil Rights Initiative has a hotline for victims as well as additional resources. An attorney can help guide you through the next steps, such as filing a police report. Unfortunately, Stengel says police are not always sensitive toward the issue. “They tend not to take revenge porn cases seriously,” he says.

Many revenge porn-focused firms, such as Goldberg’s, are founded by victims who are now helping others. “It can be humiliating when somebody is peddling your most private, intimate moments. However, this too shall pass and it’s important to surround yourself with a team of people. And that means loved ones and supporters and lawyers who can help you get through this storm,” Goldberg says. “There are tools in our legal system—and that’s civil, criminal, copyright, order of protection—that are designed and have been tried and tested to get victims justice and to get them through the problems as fast as possible.”

Continuing Efforts

In 2022, President Biden created a civil cause of action for federally suing perpetrators. Work is continuing on a criminal federal law. 

Holding technology platforms and search engines accountable will be a key part of the solution going forward, says Goldberg. “They have forever refused to take responsibility or be part of the solution. Making sure that platforms and social media companies do not have immunity from liability for harms that occur online is really important.”

Further education on the issue is also needed. “The message isn’t just telling your female-identifying children to not send the images. This can happen to both girls and boys,” Goldberg says. “But also it’s important to tell your kids not to be involved in the ongoing dissemination of it either.”