We get regular calls and questions about situations where someone distributes intimate imagery nonconsensually. Nonconsensual distribution of intimate imagery is a subject that can cause great distress for a victim. With many people feeling victimized and in some states, people feeling that they have no protection from such behavior, there is a new federal law enacted call the Intimate Imagery and Privacy Protection Act. This provides for a federal civil cause of action against the person who is in possession of and shares private and intimate images in a public forum without the consent or permission of their targeted victim.
When imagery of a deeply personal nature is shared, particularly when previous intimate partners have or possess private, intimate videos or other images and then use those images to humiliate, harass, intimidate and exploit the person that they were in a previous intimate relationship with, it can have long term devastating and damaging consequence. Frequently, although not always, women are generally the victims of these types of circumstances. With the modern day ability to share and promulgate images across a wide number of platforms quickly, this can be an action that has devastating consequences.
New Legislation contained in Section 1309 of the Violence Against Women Act (VAWA) signed into law during 2022 can help in these situations. This new section establishes a federal civil cause of action for individuals who disclose other person’s intimate and private images, without their consent. The cause of action allows individuals to seek up to $150,000 in damages, as well as other protections through a temporary restraining order, a preliminary injunction or even a permanent injunction.
By giving a remedy for victims of this horrible behavior, hopefully, it will assist with protection against it.
Further, in both, Kansas and Missouri, a protection from abuse petition (PFA) in Kansas or an Order of Protection in Missouri can be filed. The standard generally requires that the petitioner be abused, threatened with abuse, stalked or harassed. Certainly, courts have considered behavior where private, intimate images are posted without an individual’s approval or consent (and quite frankly, frequently over the vigorous objection of the victim), that the behavior can fall under the categories of both, stalking and harassment.
If you are the victim of a revenge porn situation and you need someone to protect you and stop the behavior, call Pingel Family Law today for a consultation at (816) 208-8130, to discuss your options and protect your rights.