Reminder: Revenge Porn is still not against the law in Massachusetts
We were reminded this morning of the astonishing fact that Massachusetts still does not have a non-consensual pornography law on the books.
“It is beyond belief that a state as progressive as Massachusetts does not have a law against revenge porn,” exclaimed an editorial in The Salem News which quoted Governor Charlie Baker practically begging the Legislature to act on the issue in his State of the State address Tuesday night.
“Massachusetts is one of only two states that doesn’t treat this as a crime,” Gov. Baker said. “Forty eight other states treat this as a crime. Because it is a crime!”
One in 25 Americans has had nude or nearly nude images posted without their permission, or have been threatened with posting. Those numbers may be growing during the pandemic, say those who help victims of sexual and domestic violence. – Salem News
The editorial quoted our Associate Annie Seifullah’s comments in The Washington Post from back at the beginning of the COVID-19 outbreak when we predicted the outcome lockdowns would have on victims:
“Abusers are going to abuse whether there’s a pandemic or not. And abusers with time on their hands and nothing to lose, oftentimes they are the hardest to defeat and the hardest to escape.”
Seifullah said modern domestic violence and “tech abuse” often go hand-in-hand. “The Venn diagram overlaps almost completely,” she said. “Shortly after quarantine, (women) started getting threats from the abuser: If they didn’t reconcile or get back together, the abuser would show their intimate photos to their job,” Seifullah said. “And her job is her only lifeline, the only thing providing her with freedom and safety.” – Washington Post
Governor Baker has proposed a bill that would create a new felony offense for people charged with distributing a sexually explicit image “for purposes of revenge or embarrassment.” Those who violate the proposed Massachusetts law would face up to five years in prison and fines of up to $10,000. The law would also give judges the authority to order the offender to destroy the explicit images.
Gov. Baker filed versions of the same bill in 2017 and 2019, neither of which made it to a vote in the Legislature.
Also testifying on Tuesday was Massachusetts Lt. Gov. Karyn Polito, who strongly supported the bill and called non-consensual survivor stories she had recently heard “horrifying”. While District Attorney David Sullivan said: “The emotional distress that’s caused by these disseminations is remarkable.”
Now: Click here to check out the revenge porn law in your state.
What is the law in New York?
In 2019 (with thanks to our founder Carrie’s tireless advocacy) Revenge Porn became a Class A misdemeanor in New York state!
So what does this mean?
- Offenders can get up to a year in jail
- Offenders can be fined up to $1000
- You can sue the perpetrator for money $$$
- Judges can order both offenders and websites to take content down (NY is the only state in the nation to empower judges in this way!)
- You can file for workplace harassment if the offender was a colleague
You can read the full text of the New York revenge porn law on the senate website.
Someone is sharing my nudes. What do I do next?
Through a swift and coordinated plan of attack, we can stop a privacy violation before it goes viral. Or if it already has, our law office will rein it in using every tool at our disposal. Depending on your specific circumstances, we’ll attack the problem through:
- Orders of Protection
- Cease and Desist letters
- Intervention with school and/or employer if online content impacts the schooling, employment, or employability
- Restraining orders through family court and criminal court when applicable
- Advocacy with law enforcers when crime involves harassment, underage material, unlawful surveillance, extortion, or violation of any other law
- Confirmation of suspect’s identity via social media sites, website hosts and/or IP addresses
- Motions against online service providers to de-anonymize user’s identities
- Lawsuits against the perpetrators including, in some cases, the online service providers that create or develop their content
- Referrals for online reputation management and search engine optimization
- Removal of content pursuant to the Digital Millennium Copyright Act (DMCA)
C.A. Goldberg, PLLC, has provided direct advice to scores of victims of revenge porn and other cyberprivacy invasions.
From simple referrals to complex litigation, from cease and desist letters to Orders of Protection, C.A. Goldberg, PLLC, customizes its advocacy and representation to what is appropriate under the circumstances.
Get in touch here.