Call 401-287-2079
To Reach Our Office

RI Divorce Mediator & Lawyer On "Revenge Porn"

Many couples, use their cell phones to take photos/videos of themselves and partners in various forms of undress and performing certain sex acts.  Usually, these photos/videos are taken with an expectation of privacy, that they would be shared only between the parties (often husband and wife). These photos can be used as revenge in a divorce.  In a recent episode of HBO's "The Newsroom", one newscaster was mortified when an ex-boyfriend posted compromising photos of her online.

This does not happen just on TV.  Ex-spouses and ex-lovers post these photos online or text them to third parties including the other party's new boyfriend or girlfriend.   Transmissions of photos and videos can end a new relationship, interfere with a job or application for employment while causing embarrassment. A person may give consent to have a photo taken by a lover but deny consent to posting these photos or videos online or to third parties.

California's Legislature is considering this issue with a possible resolution of having the vindictive ex-lover go to jail for up to a year.  Some people see this as a battle between the rights of victims against the principles of freedom of expression. New Jersey has a law on the books and Florida has also debated this issue.

Of course, the better course of action is not to take photos/videos or allow others to take photos/videos that you would not want broadcast over the internet, to strangers or family members.  When involved in a divorce situation, make sure your mediator and lawyer puts a provision in your agreement penalizing this sharing of property that you expected to have kept private; in divorce mediation, when sitting at the table, bring up the subject and suggest that both parties delete the photos or videos before going any further.  I suggest using a clause in the final settlement contract that includes a stiff financial penalty if there is dissemination of the private material.

Source: 'Revenge Porn' Could be Criminal Offense in California, by Somini Seingupta, NY Times, August 27, 2013.

No Comments

Leave a comment
Comment Information
Email Us For a Response

Tell Us About Your Situation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Law Office of Steven J. Hirsch, Esq

Office Address :

100 Jefferson Boulevard Suite 315 Warwick, RI 02888 Phone: 401-287-2079 Fax: 401-352-0029 Warwick Law Office Map

Office Number :