Revenge porn is a growing trend that has been specifically outlawed in California along with 33 other states. Revenge porn is the distribution of sexually explicit content on the internet without permission from the individual(s) featured.
Revenge porn is a serious crime in California. Perpetrators can face steep fines, jail time, and probation, as well as opening themselves up to a civil lawsuit from the victim.
Filing a Lawsuit for Revenge Porn
California became the first state to explicitly outlaw revenge porn back in 2013. Since then, the majority of states across the country have followed suit. Even in the states where there is no law that specifically addresses revenge porn, posting sexually explicit images of another person against their will can typically be punished under other existing laws on the books.
In California, a revenge porn offense is currently processed as a misdemeanor. In 2020 a bill was introduced which could result in changing this charge to a felony. In addition to longer incarceration time and more substantial fines, convicted individuals would also be required to register as sex offenders.
However, punishment for the guilty party does nothing to right the wrong suffered by the victim. Justice being served in criminal court does little to heal the damage done to the victim. Fortunately, revenge porn victims also have the option of filing a civil lawsuit to recover financial compensation from the guilty party.
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What Constitutes Revenge Porn?
There are several elements that must be proven to convict an individual of a revenge porn offense. The prosecutor must prove that:
- The defendant had the sexually explicit material in question in their possession.
- They distributed that material.
- The distribution was intentional.
- There was an understanding between the defendant and the victim that the image would remain private or that the image was obtained without the victim’s knowledge.
- The defendant knew or should have reasonably known that the distribution of the image would cause the victim emotional distress.
- The victim did, in fact, suffer emotional distress.
Can I Still File a Lawsuit if the Offender Is Not Convicted in Criminal Court?
Criminal court proceedings do not have a direct effect on civil lawsuits. The burden of proof in a criminal case is very high. The prosecutor must prove that the defendant is guilty beyond a reasonable doubt in order to convict. However, that burden of proof is much lower in a civil case. In a civil lawsuit, the plaintiff must only show that the defendant is more likely guilty than not.
Because of this difference in the level of proof required, many people who win their criminal court case still find themselves on the losing end in a civil lawsuit.
While a verdict of not guilty in a criminal case will not hurt your civil lawsuit, a guilty verdict could still help it along. If the defendant is determined to be guilty in the court that requires a higher level of proof, this verdict can be used as evidence of the defendant’s guilt in the civil lawsuit.
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How a Revenge Porn Lawsuit Can Help
The money recovered in a successful revenge porn lawsuit can vary greatly. There are many determining factors in these cases, including:
- The extent of the distribution
- The level of harm suffered by the victim
- The level of expertise of the victim’s lawyer
In addition to covering the emotional costs of revenge porn, you can also receive compensation to help scrub the content from the internet. Once something goes online, it can be very challenging to remove it. The cost of removing content that has spread across several websites can be quite expensive.
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What Is the Statute of Limitations for Filing a Lawsuit for Revenge Porn?
There is no set statute of limitations for filing a revenge porn lawsuit. However, it is advisable to begin the process as soon as possible. This is especially true if you hope to get the material removed from the internet. The longer it stays online, the more likely it is to spread and the more difficult it will be to eventually get it all removed.
Talk to an Experienced Lawyer at Simmrin Law Group
The best way to recover fair compensation when suing someone for revenge porn in California is to hire an attorney with plenty of experience in these types of cases. A qualified attorney will know all about how these cases are processed and what it takes to get a victory.
Call or text (310) 896-2723 or complete a Free Case Evaluation form