What You Need to Know About Whether Revenge Porn is Sexual Assault
We are living in a virtual age, and revenge porn has become a more discussed topic recently. Here’s what you need to know about revenge porn and what different states do to protect victims.
Revenge porn is a form of online abuse where people post intimate, inappropriate images of another non-consensual person. Revenge porn can consist of threats to send images or actual sharing of images without the informed consent of the picture owner. The question is, does revenge porn classify as sexual assault, and how does one fight this?
Is Non-Consensual Image Sharing Considered Assault?
According to a lecturer at the University of Southern California, yes this is considered sexual assault. Victims of revenge porn often experience trauma, including any of the following:
- Post-traumatic stress disorder
- Lower self-esteem
- Depression
- Public humiliation
Revenge Porn as a Form of Sexual Assault
Non-consensual image sharing is a form of sexual abuse because they exploit the victim’s sexual identity and sexual autonomy. Some research explained that different forms of non-consensual image sharing, such as revenge porn, upskirting, and sexual extortion, all have the characteristics of a sexual crime.
Related: Sexual Assault on College Campuses
Is this a Common Issue Today?
Many young people are exposed to explicit images, with one study even finding that 18.5% of adolescents reported they were sent explicit images of another person. 13% also reported they sent intimate images of themselves to another person.
How Many Women Experience This?
According to another article, 1 in 10 women under 30 years of age have at least been threatened with non-consensual image sharing.
How to Help Victims of Revenge Porn
Becoming a victim of non-consensual image sharing can greatly affect one’s life, and it is important to support them. Post-trauma therapy may be able to provide some comfort for victims. Therapy may help them feel safer and move past any shameful feelings.
Are there Legal Repercussions for Revenge Porn?
Yes. In 2020 there were 42 states with laws outlawing revenge porn. More laws are developing to combat the problem. Some states even allow judges to decide if the defendant will be forced to register as a sex offender.
Do Victims Have Rights to Protect them from Revenge Porn?
Yes, revenge porn is illegal and never acceptable. Victims have the right to stop the abuse and get justice, as well as the right to demand the pictures, get removed online.
Related: Sexual Assault vs Sexual Harassment in California
Violation of Privacy and Consent
Revenge porn can be strangers hacking a victim’s phone, or a scorned lover. Regardless, it is a complete violation of the victim’s privacy and can affect the victim’s career, relationships, and mental health.
What Can Victims Do to Fight Revenge Porn?
Working with a lawyer, victims can fight the issue using the following tactics:
- Document the abuse
- Cease and desist letter
- Remove content according to the Digital Millennium Copyright Act
- Confirm the suspect online
- Intervene with victim’s employer/school
- Restraining orders
- Work with law enforcers
- Lawsuits against the offender
Other Names For Revenge Porn
Revenge porn has also been called Image Based Sexual Assault, or IBSA. This term includes evolving subject matter as well, as the issue continues to develop and become more common. It is also called non-consensual pornography, and cybersexual abuse.
Is Revenge Porn Protected by the First Amendment?
No. Any non-consensual image sharing is not protected speech under the First Amendment. Just as child pornography and defamation are not protected, neither is revenge porn, as it is a form of abuse.
Issues With the Term Revenge Porn
The label “revenge porn” can sometimes miss the harm that victims suffer in these situations. Another term that has gained popularity as being more sensitive to victims is called image-based sexual abuse.
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