Woodbridge Divorce Lawyers: The Ramifications of Revenge Porn

Revenge porn is the practice of posting sexually explicit photographs or videos of an ex-lover or ex-spouse without their permission, with the intent of humiliating them or hurting their professional career. While this practice seems to be growing at an alarming rate due to the widespread popularity of social media, it can cause irreparable damage in a divorce case. From a legal standpoint, the laws are changing in an effort to keep up with the technology that makes this behavior possible.

While revenge porn is currently not considered a crime in most states, many are moving toward criminalizing this behavior. In New Jersey, revenge porn is considered an invasion of privacy, which is a third-degree crime. The law, which has been praised by advocates for criminalizing revenge porn, prohibits the selling, providing, publishing, or disseminating of sexually explicit photos without permission. In New Jersey, those who engage in revenge porn can face three to five years in prison and a fine of up to $30,000.

A bitter and acrimonious divorce tends to bring out the worst in people. However, sharing photos of your spouse without permission is not only a morally questionable thing to do, you could face legal consequences that can impact your divorce settlement. According to the Digital Millenium Copyright Act (DCMA), if you take a picture of yourself, you own the copyright to it. Even if you send the photo to your spouse via text or email, he or she does not have the right to publish it. In an article published by The Washington Post, the Federal Trade Commission (FTC) may be investigating revenge pornographers for unfair business practices.

Steps to Take to Protect Yourself from Being a Victim of Revenge Porn 

  • Think twice before sending photos of yourself that you would not want others to see. Even if you trust the person you are sending the photos to, if the nature of the relationships changes, so can the level of trust.
  • If you decide to share the photos, make it very clear to your partner that you do not want them shared with anyone, or published on social media.
  • Educate yourself about revenge porn. Find out if your state currently has a law prohibiting revenge porn.
  • You can see if any photos of you have been posted without your permission by doing a Google search of yourself.
  • Save any threatening emails, texts, or voicemails you receive.
  • If your ex-spouse has posted sexually explicit photos of you without your permission, call the Cyber Civil Right Institute (CCRI) hotline at 844-878-CCRI (2274) and consult legal counsel.

Woodbridge Divorce Lawyers at Lyons & Associates, P.C. Represent Victims of Revenge Porn

 Divorce is difficult enough without having to deal with the humiliation of private photographs being posted on social media by your ex-spouse. Woodbridge divorce lawyers at Lyons & Associates, P.C. will fight hard to protect your reputation and secure the best possible settlement. To schedule a confidential consultation, call us today at 908-575-9777 or contact us online.