Online Sexual Harassment in California

Sexual harassment can take place both in-person and online. Online sexual harassment looks different from in-person sexual harassment and may be unfamiliar to most people. Here’s what to know about online sexual harassment in California.

Online sexual harassment is non-consensual and malicious behavior of a sexual nature conducted through digital communication. There are two recognized types of online sexual harassment in California: cyberstalking and cyber exploitation.

What is Online Sexual Harassment?

Online sexual harassment is unwelcome and malicious behavior of a sexual nature directed at a victim over the internet. This may include threatening messages, emails, or posting private information. Harassers target a specific victim by directly interacting with them or by spreading information without their consent.

There are two recognized types of online sexual harassment in California: cyberstalking and cyber exploitation. Cyber exploitation is when the harasser distributes the victim’s private photos without the victim’s consent.

Cyberstalking

Cyberstalking is online sexual harassment that uses the internet and digital means to stalk a victim, specifically with a pattern of threatening behavior. Examples of cyberstalking include sending harassing or lewd emails from several email accounts, creating false social media accounts to contact the victim, sharing the victim’s private information online, and so on.

California Cyberstalking Laws

California Penal Code 442 prohibits online stalking and harassment. It is illegal to use electronic communication to make intentional, malicious, and repeated contact with the intention to harass the victim. It is also illegal to make credible threats to harm the victim through online or electronic communication.

Taking Action

Victims of cyberstalking have the ability to press both civil and criminal charges against their harasser. Civil charges can achieve an injunction to cease all cyberstalking and collect monetary damages for emotional distress caused. Criminal charges should proceed through the local police department and public prosecutors.

Cyber Exploitation

Cyber exploitation is the non-consensual distribution and publication of information, private photos, or videos. These materials are typically taken by ex-lovers, ex-partners, friends, or even strangers through hacking. These materials are distributed across the internet or sold in order to humiliate and harass the victim. Distributing sensitive information like name, email accounts, address, bank numbers, and even social security information can put a victim in great danger.

Cyber exploitation can seriously harm a victim’s personal life and physical safety. It can also severely damage a victim’s reputation and harm their professional and social lives. Victims may also experience economic damage and emotional abuse after facing cyber exploitation.

California Cyber Exploitation Laws

California Penal Code sections 647(j)(4)(A) and 647(j)(4)(B) prohibits cyber exploitation. It is illegal to intentionally distribute a private image of intimate body parts or an act of sexual intercourse without the consent of the person depicted in the image. The non-consensual distribution of private images, commonly known as revenge porn, is a crime when the harasser knows that the distribution will cause serious emotional distress to the victim and the victim suffers emotional distress due to such distribution.

What to Do After Experiencing Cyber Exploitation

As soon as the victim finds out that their private messages are being distributed without their consent, they should do the following:

Save any records of the materials including screenshots, site information, email addresses, text messages, etc. Save all records and correspondence and gather as much information before attempting to remove the content.
Get assistance:
- File a police report to document the complaint. This is also the first step in beginning a criminal case against the harasser.
- Work with local law enforcement or the district attorney’s office to seek a criminal or civil harassment protection order in order to guarantee personal safety. If the harasser is a former or current partner, consider seeking a domestic violence restraining order.
- Remove the material by submitting a Digital Millennium Copyright take-down request to the websites that have posted the private images without consent. The victim who took the photos still owns the copyright to the image even if it was shared. The DMCA notice informs the website that the victim owns the copyright to the photo and that it must be removed.
Take action by filing a civil or criminal case against the harasser. A civil case may demand an injunction order and collect monetary damages for the emotional distress caused by the non-consensual distribution of private images. A criminal case should proceed through the police department and involves working with a state prosecutor.

Taking Legal Action

Victims have the right to press charges against their harasser. In order to prove that the victim experienced cyber exploitation, the victim should demonstrate that:

The harasser knew that the victim expected the materials to be private.
The materials depict an intimate body part or an act of sexual intercourse.
The victim experienced negative consequences as a result of the distribution.

If the victim can demonstrate any of the above elements, a California court may be able to issue a temporary restraining order or a preliminary injunction. The restraining order can protect the victim against further contact from the harasser. The preliminary injunction can order the harasser to stop all distribution of the private material.

FAQs

What is online sexual harassment?

Online sexual harassment is unwelcome and malicious behavior of a sexual nature directed at a victim over the Internet. There are two recognized types of online sexual harassment in California: cyberstalking and cyber exploitation. Cyberstalking is online sexual harassment where the harasser intentionally, repeatedly, and maliciously contacts and harasses the victim online. Cyber exploitation is when the harasser distributes the victim’s private photos without the victim’s consent.

What are my legal options for cyberstalking?

Victims of cyberstalking have the ability to press both civil and criminal charges against their harasser. Civil charges should proceed with the help of an experienced attorney from Her Lawyer. A civil case can achieve an injunction to cease all cyberstalking and collect monetary damages for emotional distress. Criminal charges should proceed through the local police department and state prosecutors.

What are my legal options for cyber exploitation? How can I take revenge porn off the internet?

Victims of cyber exploitation have various legal options. Submitting a Digital Millennium Copyright take-down request may be able to remove the private photos from the websites. Victims of cyber exploitation have the ability to press both civil and criminal charges against their harasser. A civil case may demand an injunction order and collect monetary damages for the emotional distress caused by the non-consensual distribution of private images. Filing a police report to document the complaint is the first step in opening a criminal case against the harasser. Criminal charges should proceed through the local police department and state prosecutors.

Contact Her Lawyer

If you or a loved one has experienced online sexual harassment in California, contact us. Get your free consultation with one of our experienced attorneys in California today!