Nothing can take away the embarrassment and trauma following the discovery of "revenge porn," a sinister form of domestic abuse within a relationship. A victim seeing nonconsensual pornographic images where they are the subject may initially feel that options are limited.
However, thanks to a growing movement over the past several years, consequences exist for abusers beyond civil lawsuits and restraining orders.
In 2012, only three states had laws on the books that criminalized nonconsensual pornography. Today, that number has increased to 35 states and Washington D.C.
Punishments vary. Some states categorize the offense as a privacy issue. Others classify it as a form of sexual assault. Felony charges could lead to significant jail time. Misdemeanor convictions would carry less severe consequences.
While in the minority, the remaining 15 states without criminal laws for revenge porn are cause for concern. They do little, if anything to help digital domestic abuse victims seeking justice.
The Cyber Civil Rights Initiative (CCRI) in conjunction with Facebook, Twitter and other organizations is working with California Rep. Jackie Speier to draft a federal bill that would criminalize nonconsensual pornography nationwide.
If enacted, the Intimate Privacy Protection Act would make it a federal crime to "distribute a private, visual depiction of a person's intimate parts or of a person engaging in sexually explicit conduct" without their consent. Offenders face a maximum five years in prison, sentencing comparable to sexual abuse and stalking.
CCRI is also working on a separate federal bill making the mere threat to release images a crime. Currently, those cases are prosecuted under extortion or threat statutes.
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