Revenge Porn Lawsuit NYC: Seeking Justice for Intimate Image Abuse

Revenge Porn Lawsuit NYC Calia Madia Daniel Szalkiewicz Veridian Legal

If you're a victim of revenge porn in New York, you have the right to fight back. Filing a revenge porn lawsuit can help you reclaim your dignity, hold the perpetrator accountable, and obtain compensation for the harm you've suffered.

At Veridian Legal, our experienced revenge porn lawyers are dedicated to helping victims navigate the complex legal process and achieve justice. We have a deep understanding of New York's revenge porn laws, including the new federal law, and a proven track record of success in these cases.

When Can You Sue for Revenge Porn in New York?

New York law provides strong protections for victims of revenge porn, also known as nonconsensual pornography or intimate image abuse. You can sue if:

  • A former partner shared intimate images or videos without your consent.

  • Someone threatened to share your intimate images to harm or harass you.

  • Images were shared even though you only gave permission for them to be seen by a limited audience.

  • Someone secretly recorded you and then shared the images or videos.

It's important to remember that you can sue even if you initially consented to the creation of the images or videos. What matters is that you did not consent to them being shared with others.

New York and Federal Laws Against Revenge Porn

Several laws in New York provide a basis for revenge porn lawsuits:

Civil Rights Law 52-B:

This law specifically addresses the unlawful dissemination or publication of intimate images.

NYC Administrative Code 10-180:

This law applies to revenge porn cases in New York City.

Intentional Infliction of Emotional Distress:

This common law claim can be used in cases where the perpetrator's actions were particularly egregious and caused severe emotional harm.

Federal Law 15 U.S. Code § 6851:

In 2022, the federal government passed a law relating to the disclosure of intimate images. This law applies nationwide and can be used in conjunction with state and local laws.

Statute of Limitations for Revenge Porn Lawsuits in New York

It's crucial to act quickly if you're considering a revenge porn lawsuit in New York. The statute of limitations, or deadline for filing a lawsuit, varies depending on the specific law:

  • Civil Rights Law 52-B: Three years from the date the image was shared, or one year from the date you discovered the image was shared (whichever is later).

  • Intentional Infliction of Emotional Distress: One year from the date the image was shared.

  • Federal Law: The statute of limitations for the federal law is generally the same as the state law.

Starting a Revenge Porn Lawsuit in New York

A revenge porn lawsuit is typically started by filing a summons and complaint with the court. The complaint outlines the facts of your case and the legal claims you are making against the perpetrator.

Proceeding Anonymously

In many cases, victims can sue for revenge porn anonymously, using their initials or a pseudonym to protect their privacy. Our attorneys can help you file a motion with the court to request permission to proceed anonymously.

The Defendant's Response: Answer or Motion to Dismiss

After being served with the lawsuit, the defendant (the person you're suing) has 20 days to respond. They can respond by:

  • Filing an Answer: This document addresses each claim in the complaint and may include counter-claims or affirmative defenses.

  • Filing a Motion to Dismiss: This attempts to get the case dismissed, often based on legal technicalities like the statute of limitations or jurisdiction.

Discovery in Revenge Porn Lawsuits

Once the answer is served, the discovery phase begins. This involves gathering evidence and information. This may include:

  • Document requests: Requesting documents from the perpetrator, such as emails, text messages, or social media posts.

  • Depositions: Questioning the perpetrator under oath.

  • Subpoenas: Obtaining information from third parties, such as social media companies or internet service providers.

Summary Judgment in Revenge Porn Cases

At the close of discovery, either party can file a motion for summary judgment. This asks the court to rule on the case without a trial, arguing that there are no disputed facts that require a jury's decision. In revenge porn cases, this is often used when there is clear evidence that the defendant shared the images without consent.

The Trial

If the case proceeds to trial, both sides will present their evidence and arguments before a judge or jury. Victims may need to testify and present witnesses, such as therapists or expert witnesses, to prove the emotional distress and other damages caused by the revenge porn.

The Verdict

After the trial, the judge or jury will reach a verdict, deciding whether the defendant is liable for revenge porn. If the defendant is found liable, the court will determine the appropriate damages to be awarded to the victim.

Damages in a Revenge Porn Lawsuit

If you win your revenge porn lawsuit, you may be able to recover damages for:

  • Emotional distress: Compensation for the shame, humiliation, anxiety, and other emotional harm caused by the revenge porn.

  • Lost wages: If you lost income due to the revenge porn, you can seek compensation for lost wages.

  • Punitive damages: In some cases, the court may award punitive damages to punish the perpetrator and deter others from engaging in similar conduct.

  • Attorney's fees: You may be able to recover your attorney's fees from the perpetrator.

Our Experience in Revenge Porn Lawsuits

At Veridian Legal, we have extensive experience representing victims of revenge porn and intimate image abuse. We have a deep understanding of the relevant laws and a proven track record of success in these cases.

Defenses in Revenge Porn Cases

Perpetrators of revenge porn may try to raise various defenses, such as:

  • Consent: Claiming that you consented to the sharing of the images.

  • First Amendment: Arguing that sharing the images is protected free speech.

  • Lack of intent to harm: Claiming they did not intend to cause you harm.

Our experienced attorneys will anticipate and effectively counter these defenses to protect your rights and secure the best possible outcome for your case.

Emotional and Psychological Impact of Revenge Porn

Revenge porn can have a devastating emotional and psychological impact on victims, leading to:

  • Anxiety

  • Depression

  • PTSD

  • Social isolation

  • Difficulty with relationships

  • Suicidal thoughts

It's important to seek support and counseling if you're struggling with the emotional impact of revenge porn.

Revenge Porn Lawsuit FAQs

  • A: The first step is to contact an experienced revenge porn lawyer. We offer free consultations to discuss your case and explain your legal options.

  • A: We typically handle revenge porn cases on a contingency fee basis, meaning you don't pay anything unless we recover compensation for you.

  • A: Yes. What matters is that you did not consent to the images or videos being shared with others.

  • A: We can still help you. We have experience handling cases involving interstate and even international jurisdictions.

  • A: We understand your concerns. We can take steps to protect your privacy and safety, including filing the lawsuit anonymously and seeking a restraining order if necessary.

  • A: The length of a lawsuit varies depending on the complexity of the case and the willingness of the perpetrator to settle. Some cases can be resolved in a few months, while others may take longer.

  • A: Evidence can include screenshots, emails, text messages, social media posts, and witness testimony. We can help you gather and preserve the necessary evidence.

  • A: Yes, in some cases, it may be possible to obtain a restraining order to prevent the perpetrator from contacting you or further sharing the images.

  • A: We can explore alternative options, such as negotiating a settlement with the perpetrator or sending a cease and desist letter.

  • A: Contact us anyway. We offer free consultations to discuss your situation and help you determine if you have a valid claim.

Our Consultations Are Different:

Free: No cost, no obligations.

Experienced: Speak directly with an experienced revenge porn lawyer, not a paralegal.

Image Report: We'll provide a free image spread report using facial recognition technology.

Honest Assessment: We'll discuss your case's strengths and weaknesses and figure out a plan of action that’s right for you.

Contact a Revenge Porn Lawyer Today

If you're a victim of revenge porn in New York, remember that you're not alone and you have legal options. Our experienced revenge porn lawyers at Veridian Legal are here to help you understand your rights, navigate the legal process, and fight for the justice you deserve. Don't let the perpetrator get away with this harmful act. Contact us today for a free and confidential consultation, and let us help you reclaim your dignity and move forward with your life.