Revenge Porn: What Damages Am I Entitled To?
Revenge Porn is the non-consensual sharing of sexually explicit photographs or videos online.
With the emergence of the online world, the prevalence of revenge porn grows. First of all, sharing sexually explicit photographs or videos online of a current or former sexual or intimate partner, without his or her permission, is unlawful in the Commonwealth of Pennsylvania. Revenge porn serves to humiliate or harm an individual, often ruining many aspects of the victim’s life from self-esteem to career options.
Non-consensual media sharing often occurs on many different platforms. While many big social media companies are quick to respond to take down requests, others aren’t so easy. Moreover, some websites are established solely for the purpose of spreading revenge porn. We offer 12 steps to dealing with revenge porn photos.
Sharing Platforms
- Posted on social media (e.g., Facebook, Twitter)
- Sent via text message
- Sent via email
- Posted on a website
Results of Revenge Porn
Revenge porn impacts the lives of the victims in tangible ways as well as emotional. After all, many perpetrators of revenge porn also share the contact information of the victim, ensuring that the victim receives harassment not only online but also in real life. Furthermore, revenge porn leaves a lasting mark on most victims in the following ways.
- Significant emotional distress and humiliation
- Turmoil in professional career (e.g., loss of job, trouble finding a new job)
- Stalking and harassment by those who see the photographs or videos
What Damages Am I Entitled To?
Depending on the situation, the law obligates a different set of damages for the victim. Act 115 of 2014, which amends Titles 18 and 42 of the Pennsylvania Consolidated Statutes, makes “dissemination of intimate image,” also known as revenge porn, unlawful. Furthermore, this law defines the offense, establishes a cause of action, and outlines what damages you can be awarded should you take legal action.
Possible Damages
- Actual damages resulting from the incident OR $500, whichever is greater
- Reasonable attorney fees and court costs
- Any additional relief the court deems “necessary and proper”
Meanwhile, the court may, at its own discretion, award you up to three times your actual damages. For example, if your damages totaled $1000 and the court awarded you three times that, you would receive $3000. As always, no case is the same.
Calculating and Collecting Damages
Figuring out the particular damages you are entitled to requires some discussion with your revenge porn lawyer, analysis of the situation, and number crunching. Since the number usually develops from a number of details, such as whether or not you lost your job or required counseling, calculating the damages to you is not a simple process. Therefore, working with a lawyer ensures that you determine the right amount for damages.
Contact KM&A
If you are a victim of revenge porn and seek to take legal action, do not hesitate to contact an attorney today. The attorneys at KM&A are highly dedicated and experienced advocates for their clients. KM&A will fight to ensure you are awarded all damages you are entitled to and rightfully deserve. Call KM&A for a free and immediate consultation with an attorney. We represent clients in all counties in Pennsylvania. In Pittsburgh, call us at 412-626-5626, or in Philadelphia, call us at 215-618-9185. We can also be reached by email at lawyer@lawkm.com.
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