Sexual cyber harassment is the term used to describe sharing explicit images or videos of another person without their consent. Not only is it a crime, but Florida law also provides victims with the right to sue the perpetrator. If you have had someone distribute images depicting you without your consent, a compassionate personal injury attorney may be able to help.
Under the law, you could be entitled to a monetary award and may be able to convince a judge to order the images taken down or destroyed. This process can be difficult without help, but a Destin sexual cyber harassment lawyer could handle every aspect of your case.
The Presumption of Privacy
For many years, people who share sexually explicit images of themselves have been at the mercy of the recipients. While sharing this material could lead to criminal charges, there was a debate over whether or not it was reasonable for the sender to expect them to remain private.
The State of Florida answered that question definitively by passing a law that spells out a right to privacy. When someone sends an intimate photo or video to another person, there is a presumption that they expect it to remain private and not be shared with others. Violating their privacy can lead to serious legal consequences, both criminal and civil.
While it is possible for someone to rebut a presumption of evidence that the sender intended the image to be shared, most cases involve a genuine violation of privacy. An attorney in Destin could answer questions about when this behavior qualifies as sexual cyber harassment.
Start Your Free Case Evaluation
Filing Sexual Cyber Harassment Lawsuits
Victims of sexual cyber harassment now have the right to file a civil lawsuit against the perpetrator. This is in addition to the potential for criminal charges to be filed by the state.
First, it is possible with the help of an attorney to seek an injunction from the court. Injunctive relief requires a person to delete an image or remove it from where it has been posted on the internet. This option is more successful in some situations than others, but it can help.
There is also the potential for a financial award if a claim is successful. The victim is entitled to the greater of the following amounts: $5,000 or their actual damages sustained. Actual damages could include things like the cost of removing material from the internet or therapy bills.
Some Parties are Exempt
While countless parties could be held accountable through a civil suit, certain individuals and entities are protected from liability under state law. For example, the prohibition of possessing or storing explicit images without the depicted person’s consent does not apply to internet or computer services providers. Essentially, these companies are not on the hook when customers use their services to distribute the offending images.
Law enforcement officers may also be exempt when acting in their official capacity. There are times during criminal investigations when distributing this material might be necessary. This exception is narrow, and officers sharing sexual images without consent could be liable. While these exceptions are rarely used, a Destin sexual cyber harassment attorney could help with understanding when they are applicable.
Start Your Free Case Evaluation
Call a Destin Sexual Cyber Harassment Attorney Right Away
If you have been the victim of revenge porn, you could have the opportunity to seek justice through the court system. A successful suit can result in a monetary award and potentially an injunction against your harasser. Reach out to a Destin sexual cyber harassment lawyer right away to learn more.
Start Your Free Case Evaluation
