Revenge Porn and Your Right to Pursue Claims lawyer lawsuit attorney liability consent distribute nude permission

It is relatively normal for consenting adults to send each other sensitive materials, including photographs and videos. Anyone who makes the decision to send sexual photographs or videos to another party potentially runs the risk of the material being released to the public. Even if the material was strictly sent in private, recipients could make the conscious and malicious decision to release these sensitive materials to the public with the goal of negatively affected the senders’ personal and professional life.

Were the photos and videos that you sent in private released after a fall-out with the recipient of your sensitive materials? If so, you might have been the victim of revenge porn. You might be asking yourself a number of questions, some of which could include the following:

  • Can I sue someone for sending nude pictures of myself to others?
  • Can I sue someone for sending inappropriate pictures of myself to others?
  • Can I sue someone for releasing nude photos of me at my place of work?

Depending on the details surrounding your specific situation, you might have grounds to pursue a claim. You should seek legal assistance immediately.

You could trust the experts at California Labor Law Employment Attorneys Group to provide you with the guidance that you need to take action against the party who released revenge porn with the intention of harming your professional life. If you would like to discuss your claim with a revenge porn lawyer, do not hesitate to contact our firm immediately. Our revenge porn lawyers in Los Angeles are ready to evaluate your claim and provide you with the guidance that you need to take legal action.

Understanding Consent and the Lack of Liability

Under some cases, it is not possible to establish liability if someone circulates your nude photos. Although someone could be liable and held accountable for circulating sensitive material without explicit permission from the person on the material, there are a number of exceptions to liability.

These exceptions are outlined in California’s Civil Code 1708.85. If any of the following statements are true, no liability for the release of the material could apply:

  • The distributed material was created under an agreement by the person appearing in the material for its public use and distribution or otherwise intended by that person for public use and distribution.”
    • This means that the material was strictly created with the purpose of sending them to other people and/or posting them on public websites, for example.
    • The person appearing in the material was aware that the material would be distributed to others.
  • The person possessing or viewing the distributed material has permission from the person appearing in the material to publish by any means or post the material on an internet web site.”
    • This means that the person who received the photos or videos was strictly given permission to share the material with others, including posting them online.
    • The recipient of the materials was told that it was acceptable to release the materials to the public.
  • The person appearing in the material waved any reasonable expectation of privacy in the distributed material by making it accessible to the general public.”
    • This means that the nude material was originally sent without any confidentiality via a public forum.
    • This applies to materials sent via social media in which confidentiality typically doesn’t exist.
  • The distributed material constitutes a matter of public concern.”
    • The explicit material was incriminating in one way or another.
    • That is, the person appearing in the material could be incriminated in a crime or wrongdoing associated with the material.
  • The distributed material was photographed, filmed, videotaped, recorded, or otherwise reproduced in a public place and under circumstances in which the person depicted had no reasonable expectation of privacy.”
    • The material was shot in an area in which privacy is not expected, such as a public park, for example.
    • The person appearing in the material was aware that the material was shot in a public space.
  • The distributed material was previously distributed by another person.”
    • This means that the material had already been circulated by another party.
    • That is, the current distributer is not the first person to distribute the material

What happens if any of the statements above are found to be true? If any of the above statements are true, the individual who distributed the sensitive material will not be held liable. For more information about the exceptions to liability in the distribution of nude photos or videos, do not hesitate to seek legal assistance at your earliest convenience.

Do I Have the Right to Sue if Someone Distributed My Nude Photos Without My Permission?

If someone distributes your naked photos or videos without your permission, you might have grounds to sue – given that any of the exceptions (listed above) do not apply. Whether someone distributes material that was recorded/photographed you without your permission or sent to them in private, you could sue.

Without a doubt, you might have grounds to sue if your photos or videos were distributed without your permission. If you are interested in taking legal action against the liable party, there are a number of things that you should do.

Consider the following suggestions:

  • Contact websites and request the removal of your photos and videos. You might need to copyright your likeness; doing so will allow you to file cease and desist motions to those sites that refuse to take your material down. Unfortunately, however, it is very unlikely to completely remove photos from the internet once they have been distributed. Even if some websites take your photos down, it is likely that they have been copied/backed-up and distributed elsewhere.
  • Collect proof that you sent the images/videos to the person in question (the person who distributed them without your permission). You will likely have access to the messages in which you sent the images as well as any messages requesting that the images/videos are not shared or strictly denying permission to distribute them. You should take screenshots and print these messages as proof. This shows that the exchange was private.
  • Gather access logs as well as login notifications from your email and cloud storage. In some cases, the images/videos were never sent to the person who ultimately distributed them. Rather, the person wrongfully accessed a private email account or cloud storage account to send the material to him or herself and later redistribute them. If you can prove that you were not the only person with access to your accounts (which contained sensitive material), your case is likely to be benefited.
  • Find witnesses to testify in your favor. These witnesses could include people who know that you sent the nude images/videos but that you never intended for them to become public. Witnesses could also include character witnesses to prove that you would never be okay with your sensitive material being distributed and revealed to the public.
  • Find proof that the images/videos were distributed by the person in question. That is, you can gather copies of messages sent to you threatening to distribute the photos. You can also gather copies of messages (from his number or accounts) sent to other people. You should have a log of the accounts or user names that the person used to share your photos.
  • Find an experienced lawyer. You will need the legal guidance of an attorney with experience in both revenge porn and slander claims. A knowledgeable attorney can guide you every step of the way and help you successfully file your claim.

For more information on the specific actions that you should take if your sensitive photos or videos were distributed without your permission, it is essential that you contact our firm and discuss your current situation with our experts as soon as possible.

What if the Distribution of My Photos and Videos Involves My Workplace?

Although workplaces are encouraged to remain strictly professional, sometimes friendships and closer relationships develop in the workplace. Fall outs happen all the time. If a hurt/angry friend or ex who works in the same place or has access to the workplace has access to sensitive material, including photos and videos, the distribution could occur in places of work.

If the material was distributed in your workplace, you might have immediately seen the consequences. Your co-workers, managers, supervisors, and even your boss might start to treat you differently. You might lose opportunities. You could be demoted or assigned lowly duties. You might even be constantly made fun of or ostracized by everyone at work. Eventually, you could even be terminated.

Your termination might have been discriminatory. If you made the decision to quit yourself, the hostile work environment with which you were dealing might have been what forced you to quit. If you were mistreated in the workplace and your federal or state rights as an employee were violated, you might be able to prove liability against the company where this took place.

To file a claim against your employer, you will have to file a claim with the appropriate employment agency; then, after receiving the right to sue, you could pursue a civil lawsuit against your employer.

For more information, do not hesitate to contact our law firm today.

Could You Recover Compensation?

If you pursue a claim, you might have grounds to recover monetary compensation. Depending on the details surrounding your claim and that harm that you suffered, you could be eligible to recover some of the following compensation:

  • Lost earnings (including commissions, bonuses, tips, and promotions) – compensation for the past and future loss of income associated with the incident, especially if you lost your job and were unable to get another one
  • Pain and suffering – compensation for the mental and emotional trauma associated with the incident, including but not limited to anxiety, post-traumatic stress, fear, depression, embarrassment, etc., all of which could require long-term therapy
  • Punitive damage – compensation awarded as a form of punishment to the defendant, typically awarded in cases where the liable party was grossly negligent

For more information about the type and amount of compensation that you might be eligible to receive if your claim reaches a successful outcome, do not hesitate to contact our law firm at your earliest convenience. Our lawyers are ready to represent you and aggressively fight for your right to recover the highest amount of compensation available for your claim. If you would like to learn more about the type and amount of compensation that you could be eligible to receive, do not hesitate to contact our law firm today.

Revenge Porn Lawyers at California Labor Law Employment Attorneys Group

If your explicit material, including photos and videos, were distributed without your consent, you might have grounds to take legal action against the party who shared the material. If the material was released in your workplace or affected your work-life in any way, you might have grounds to pursue an employment claim. To learn more about the revenge porn laws that might apply to your claim, do not hesitate to seek legal assistance with the experts at California Labor Law Employment Attorneys Group as soon as possible.

At our Los Angeles firm, we are dedicated to remaining accessible to all; therefore, we offer a variety of free legal services. Our free legal services include free consultations and free second opinions. During these free legal services, our lawyers will be available to answer all your questions, address all your concerns, and provide you with all the information that you might need to start or continue your revenge porn claim. To benefit from our free legal services, do not hesitate to contact our experts today.

Our firm offers a Zero-Fee guarantee that ensures that our claimants never have to worry about paying any upfront legal fees for any of our legal services. Our firm is also strictly based on contingency; therefore, our clients will not be required to pay anything until after reaching a successful claim outcome. If you are ready to discuss your claim with our experts, do not hesitate to contact our firm today.