Nonconsensual Revenge Porn Lawsuit in Oregon

Today, the ability to send, share, and receive images and recordings is the easiest it has ever been. Thanks to computers, cellphones, and social media, you can see what someone did on their family vacation, what they had for breakfast, and what team they rooted for on Sunday. Unfortunately, these same technologies have also contributed to the proliferation of nonconsensual pornography or revenge pornography.

Intimate Images Obtained or Distributed Without Consent

Nonconsensual pornography is either the taking of sexually explicit or intimate images (sometimes called “nudes” or nude photos) obtained without your consent, or images originally obtained with consent but distributed without consent. According to the Cyber Civil Rights Initiative, 1 in 8 social media users have been targeted by nonconsensual pornography, and 1 in 20 social media users are perpetrators of nonconsensual pornography. This act is commonly known as revenge porn.

Consequences of Private Images for Victims

The consequences for victims of nonconsensual pornography vary widely. Many are forced to remove themselves from online life completely, deleting email and social media accounts—disconnecting from community and family in the process. Many victims suffer from emotional distress due to explicit content posted online.

Business and Personal Relationship Consequences

If images or videos are sent to a boss or employer, some victims lose jobs or are forced to relocate. Severe emotional consequences also greatly impact victims of nonconsensual pornography; humiliation, shame, depression, and anxiety are just some of the common results. 

Revenge Porn Laws in Oregon

In the past decade, many states have begun taking action to give victims some form of remedy and institute revenge porn laws. Oregon is one of those states. Since 2015, Oregon has had a criminal statute making it illegal to send sexually explicit images or video of a person without that person’s consent.

Under ORS 163.472, it is a misdemeanor to disclose an identifiable image of the other person whose intimate parts are visible or who is engaged in sexual conduct and intends to harass, humiliate, or injure that person by disclosing the image. If a perpetrator has violated the statute more than once, it becomes a felony criminal case.

In 2020, Oregon also passed a statute giving the person the image was of the ability to sue. ORS 30.833 allows the victim of nonconsensual pornography to sue the perpetrator for general or statutory damages, whichever is greater. The victim may also sue for the amount of financial gain that the perpetrator received as a result of distributing the image. If the perpetrator is found liable, a civil penalty in the form of punitive damages may also be awarded to the victim. 

Survivors who have suffered intentional infliction of revenge porn by an ex boyfriend or other perpetrator have cause to pursue legal action with a civil lawsuit.

If you have been the victim of nonconsensual pornography, contact our team of licensed, caring professionals today to learn about your legal rights. Call today for a free, confidential consultation at: 1-888-407-0224 or use our confidential submission form.