You’ll be hard pushed to find an adult who hasn’t heard of the term sexting and provided it’s between consenting adults and in a safe space, it can be a fun and healthy form of expression. However, sharing sexual images, messages, or videos can lead to concerns surrounding privacy and safety. Personal disagreements or malicious intent could trigger a want to cause harm in the form of digital betrayal, whereby an individual will take private sexual content and distribute it publicly, an action that has come to be known as revenge porn.
Whilst the term itself is familiar, it seems that many people are still unsure of legislation surrounding digital abuse. We look at what the law says about revenge porn and what to do if you find yourself a victim.
Revenge porn and US law
The US still has a little way to go in understanding the rights of those facing the sharing of sexual material, and legislation can differ from state to state. Revenge porn laws in America didn’t come to fruition until two years ago. While a high number of adults are aware of what revenge porn is, a report by CyberGhost shows that 46% of people questioned were unaware that it is illegal. Whilst most states criminalize revenge porn, they don’t necessarily give victims the right to file for a civil suit and claim monetary damages meaning they aren’t entitled to compensation for any emotional distress or financial loss.
Changes to UK Law
In the UK, revenge porn has been criminalized since 2015, and further work to protect victims is ongoing. Recent changes to the online safety bill are making it more straightforward to prosecute those accused of sharing explicit material without consent. Before these changes, prosecutors would have to prove that there was an intention to cause distress, alarm, or embarrassment to the victim by releasing sexual content. Now people can be prosecuted simply for sharing or uploading anything sexual without consent and expect to serve up to six months in prison.
In cases where a perpetrator has been found to be guilty of sharing sexual images to cause harm, a two-year jail sentence could be given. If perpetrators have been found to be sharing images for sexual gratification, they may be added to the sex offenders list.
Going forward in the US
The biggest difference between the UK and America is that in most US states, the act of disseminating intimate images of someone is only prosecuted if the defendant is considered to have acted with intent to harm. In the UK, the simple act of sharing material without consent is considered an offence. This one change is making it far easier for victims of revenge porn in the UK to seek justice and is certainly something lawmakers in the US can learn from.
That said, positive changes are being made. As this guide by the New York State Attorney General shows, the SHIELD Act has been put in place to strengthen data security laws in New York and as of April 2023, 48 US states had passed laws to prohibit the non-consensual distribution of photos and videos with intent to cause harm. Only two states (Massachusetts and South Carolina) are yet to introduce any form of legislation.
How to ensure your images remain private
When it comes to sexting, there are a few simple steps that can be taken to protect yourself online. If you’re sending a photo or video, make sure there is nothing in the background of your shot that can reveal too much about your identity, and only share your images via trusted sites.
Consider disabling features on your phone, such as auto-synching and location services which will stop your whereabouts from being disclosed. Using a VPN can also further protect you if you’re using an unsecured Wi-Fi connection in a public place.
What to do if you’re affected by revenge porn
Firstly, do your research and know your rights. The website of The Cyber Civil Rights Initiative highlights a wealth of information to support those who are experiencing image-based abuse. If your images have been posted online, report this to the host and ask for them to be removed. Always report the dissemination of material to the police and keep a log of any screenshots and correspondence from the perpetrator.
Finally, and most importantly, if you’re a victim of revenge porn, ensure you get plenty of emotional support either from a professional or from friends and family. Having personal information shared without consent can be a highly traumatic experience, so never feel afraid to speak up and ensure you get the support and help you need.
