Filing a Revenge Porn Lawsuit in California
Revenge Porn is a criminal and civil offense in California; a victim can file a lawsuit against a perpetrator in the civil justice system. Here is how to file a revenge porn lawsuit in California.
To file a lawsuit for revenge porn, contact an attorney and collect all relevant information that will aid the suit. Once an individual has their case and the attorney who will represent it, they must pay a fee to file their claim with the court and commence their revenge porn lawsuit.
How to File a Lawsuit
Revenge porn is a criminal offense under California Penal Code 647j4 and a civil offense under California Civil Code 1708.85. An individual can choose to sue a perpetrator while also reporting the crime to a law enforcement officer. Reporting to a law enforcement officer is not required, but it may help strengthen an individual’s civil claim. When filing a lawsuit for revenge porn, an individual should expect to take the following steps:
1. Hire an attorney
The civil justice system requires that an individual find their own legal representation. Until an individual has their attorney, they cannot begin their revenge porn lawsuit. Under section 1708.85e, in a revenge porn civil suit, the court can grant attorney’s fees and costs.
2. Determine if a pseudonym will be used
California civil law allows for an individual to file their case under a pseudonym in order to protect the individual and make them feel comfortable in pursuing a lawsuit. The court will be required to keep all identifying features confidential.
3. File the Complaint
The complaint will include the individual’s claims for revenge porn, the evidence for their case, and list the damages they seek for the unconsented distribution of their sexual content. An individual must pay a fee when filing with the court— this fee is not included in the attorney’s fees. If an individual cannot afford to pay the fee to file their lawsuit, they may be eligible for a fee waiver.
4. Make Copies
The court will keep the papers that the individual filled and signed when filing their claim; therefore, they should make copies for their own personal records.
5. Service of Process
The plaintiff (the victim of revenge porn) must serve the defendant (the perpetrator). An individual cannot directly serve another person themselves; an officer or process server must deliver the papers to the defendant.
6. Answer
The perpetrator will need to answer the complaint that was served. The individual can either deny that they engaged in revenge porn, admit to it, or provide a defense.
7. Discovery
The plaintiff and defendant will gather their evidence and build their case. The plaintiff should ensure that they can prove that the intent of the distribution was to harm the plaintiff.
8. Judgement
Based on the evidence found during the discovery process, a verdict will be reached.
The judge will determine the amount of damages to be granted to the plaintiff as fair compensation for the injuries endured.
Related: Revenge Porn Laws in California
What Evidence Should a Plaintiff Include When Filing a Revenge Porn Lawsuit?
A plaintiff is responsible for providing the court with evidence for their revenge porn lawsuit. An individual should focus on proving that:
- The distribution of the sexual content was intentional.
- A photograph, film, videotape, or recording depicting them in a sexual light was distributed.
- They did not give consent for the sexual content to be distributed.
- They were given the impression or were told that the sexual material would remain private and confidential.
- The sexual content distributed depicted an intimate or several intimate body parts of the plaintiff.
- The sexual content distributed depicted the plaintiff engaging in sexual intercourse, oral copulation, sodomy, or other sexual acts.
- The plaintiff suffered damages such as those described in section 48a of the California civil code.
Related: Online Sexual Harassment in California
FAQS
Can I file a revenge porn lawsuit after a failed criminal case?
A civil suit is completely independent of a criminal case. If a prosecutor fails to convict a defendant for distributing revenge porn, the victim is still able to file a civil lawsuit.
Related: Civil vs Criminal Law: The Difference
What if I gave consent to the distribution of the sexual content but then changed my mind?
If an individual was originally okay with the sexual content being distributed, then a court might not consider it revenge porn. An individual should contact a lawyer for more information and advice on how to best proceed.
Is there a limit on how much time I have to file a revenge porn lawsuit?
California does not have an explicit statute of limitations, but you should file your lawsuit sooner rather than later.
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If your or a loved one needs to file a revenge porn lawsuit in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our experienced attorneys in California today!