REVENGE PORN: This Junk Has Taken The Courts by Storm, Find Out Why

When one hears the words “revenge porn,” the images conjured up are not pleasant ones. The term revenge porn stems from the idea that a way to get back at — or take revenge — on an ex may be to publicly send out nude or sexually compromising images of the ex by means of the web. […]  As with anything that moves as fast as the tech world — take cell phones and social media for instance — police departments and DAs are trying to figure out just how our justice system will deal with this new trend.

People v. Barber, the first “revenge porn” case of its kind, was brought in New York Criminal Court by a woman who alleged that her boyfriend sent pictures of her naked body to her sister and her employer. The ex-boyfriend was arrested and charged with aggravated harassment, dissemination of unlawful surveillance and public display of offensive sexual material. Notably, in looking at these charges, it becomes very clear, very quickly, that the defendant was not charged with specifically doing what he actually did — which is sharing explicit images without the consent of the person in the images. The reason for this is quite simple: New York has no law that specifically proscribes this “revenge porn” conduct.

This reality made headlines this past week when a New York County Criminal Judge dismissed this “first case of its kind” for exactly those reasons: This conduct is not covered by the crimes charged against the boyfriend. Specifically, the judge reasoned that the harassment charge did not apply because the images (or communications) were not sent directly to the girlfriend. The unlawful surveillance charge did not apply because the images were obtained lawfully and with the ex-girlfriend’s consent.

Read more: Huffington Post

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