What is revenge porn?
Revenge porn is the creation, dissemination or ownership of pornographic materials that depict a former associate or romantic partner engaging in sexual activity. The materials may have been recorded with or without the subject’s consent. It is illegal to distribute or develop any type of pornography without their consent or knowledge.
There are many reasons why people make revenge porn. They may want to get back at their former boyfriend or girlfriend for breaking up with them. The person who was scorned may be acting irrationally out of pure emotion. Certain people may want to assert their dominance or humiliate the victim. Others simply see it as a way of making some extra money.
Some of these materials may be texted to friends, family members, or acquaintances. This is also known as sexting. The victim could be shown in compromising positions to anyone who wants to view or access the files that are shared online. They may also be discussed or distributed in chat rooms and on popular social media networks.
Is revenge porn a crime?
Revenge porn by itself is considered to be a misdemeanor. Even though this isn’t quite as serious as other types of sex crimes, it doesn’t mean that revenge porn shouldn’t be taken seriously. Any observed or actual occurrences should be reported immediately to members of local law enforcement.
Are there penalties for revenge porn?
A person who is found guilty of owning, releasing or developing revenge porn can be sentenced to up to 2 years in jail and/or be required to pay a fine of up to $5,000 for that crime. Additional penalties can be tacked on if the perpetrator was also found guilty of other related offenses or if the victim was a minor at the time. Maryland state law currently recognizes people who are under 16 years of age as minors.
People who have been convicted for revenge porn may also be charged with improper use of electronic equipment or other violations of the state’s anti-bullying act. These crimes are also generally viewed as misdemeanors. The judge will examine the circumstances, nature of the crimes and the evidence that was presented before handing down any punishments.
If the revenge porn was shared with others, individuals who received or kept those materials could be charged with ownership of child pornography if the subject was a minor. A person has to be engaged in sadomasochistic acts or other types of sexual behavior before those materials can be categorized as child pornography in the eyes of the law. Ownership of child porn is a misdemeanor in the state of Maryland. Offenders may face initial penalties of a fine that shall not exceed $2,500 and/or up to five years in prison. Those penalties can increase substantially for each subsequent violation.
What can I do if I’ve been a victim of revenge porn?
Revenge porn can significantly damage a person’s reputation. They may be shunned by their friends, relatives, classmates and others that they come into close contact with on a regular basis. Even if they were not aware that those materials were being produced or did not consent to engaging in sexual activity, it can take a fair amount of time to rebuild trust, respect, credibility and a person’s reputation.
You can press charges against anyone who has created, sold, or otherwise made revenge porn materials that feature you in print, video or photographs. Copies of those materials may be brought into court as evidence. You can also ask people who witnessed the acts in question or know the people who were behind the development of those materials to testify on your behalf.
What actions should I take if I’ve been accused of preparing, owning or distributing revenge porn?
You have the right to defend yourself if charges of disseminating, keeping or making revenge porn were brought against you. You can represent yourself in court or retain legal counsel to act on your behalf. You will be known as the defendant and the person who filed the initial complaint will be referred to as the plaintiff.
Each side will have opportunities to supply witnesses, evidence and testimony that support their assertions. You may be asked to prove whether or not you created, owned or distributed any materials that could reasonably be classified as revenge porn. If no such verification can be made, it’s possible that the case could be dismissed rather quickly.
Revenge porn is a relatively new crime. Maryland established a new law in 2014 that made it illegal for anyone to put images online that are intended to create emotional harm to others. Revenge porn falls under this category, and has been taken more seriously by police departments ever since the law went into effect.
If you’ve been a victim of revenge porn or been accused of having or dispensing revenge porn materials, give us a call today. You can set up a free consultation that works around your busy schedule. Our trained professionals will listen to what you have to say and provide advice for possible next steps. We can even represent you in court if you want.
Revenge porn isn’t a victimless crime. People who are featured in those materials may be seen in a negative light by their classmates, friends, parents and other relatives and coworkers. This may be true even if they didn’t agree to participate in the sexual acts that were depicted or if the perpetrator was found guilty of the crime. It can take many days, weeks, months and years for victims and those who were accused or convicted of revenge porn to rebuild trust and respect within their social circles.
Recovery is possible, but it won’t happen overnight. You may have to go through difficult days that may make you doubt everything. If you’re willing to put in the time and effort, remember to keep the end goal in mind. You can make continual progress, even if it’s just a small step forward on certain days. You’ll probably be back to loving life and the company that you keep before you fully realize where your journey has taken you.
