When partners share intimate photos or videos with each other, they generally expect them to remain private. In reality, the nonconsensual sharing of explicit material has been a problem for years. To address the issue, Florida has adopted a law giving victims the chance to pursue a civil lawsuit against anyone involved in this nonconsensual distribution.
If you are in this position, a Jacksonville sexual cyber harassment lawyer could help. You deserve justice as well as an advocate who is not afraid to fight on your behalf. Whether you are seeking compensation or a court order requiring the removal of an image from the internet, a compassionate personal injury attorney is here for you.
State Law Recognizes a Right to Privacy
In order to combat the distribution of nonconsensual sexual material, the Florida legislature has adopted a law guaranteeing a reasonable expectation of privacy involving the publication of explicit photos or videos. Under the law, someone who sends these images to another party has a reasonable expectation that they will remain private. If they are shared without their consent, the law provides remedies to address this kind of cyber harassment.
It is worth noting that this expectation extends beyond the original recipient of the intimate material. Anyone who ultimately receives these images or videos and shares them without consent could be held liable in court. A lawyer in Jacksonville could answer questions on who might be liable for sexual cyber harassment.
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Taking Legal Action Over Sexual Cyber Harassment
First and foremost, it is important to note that sexual cyber harassment is a crime. Whether a victim pursues their own case or not, they have the right to notify law enforcement that their intimate photos or videos have been shared without their consent.
In addition to criminal consequences, the perpetrators can also be sued individually by the victim. There are different possible outcomes available in these cases. For example, it may be possible to obtain injunctive relief from the court. An injunction orders another party to remove or destroy images or videos that were posted online or otherwise distributed without consent.
The most common type of award in these cases is monetary damages. The law allows a plaintiff to recover an award of $5,000 or their actual damages, whichever is greater. Actual damages could include costs related to removing the image from the internet, emotional distress, or therapy expenses. A Jacksonville sexual cyber harassment attorney could answer questions about what a case might be worth.
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Exceptions to Civil Liability
There are a few individuals or entities who are exempt from liability in these cases. First and foremost, liability does not extend to providers of computer or internet services. If a company offers cloud storage space that is ultimately used to store this material, that company is not liable for its distribution.
Law enforcement officers are also exempt when distributing a video or image as part of their official duties. This could involve sharing material as part of an investigation or storing digital copies without the express consent of those depicted in it.
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Talk to an Attorney in Jacksonville About Cyber Sexual Harassment
No one should ever be put in a position where their privacy is violated in such a public manner. If you are the victim of revenge porn or have had your private images shared without your consent, you could be entitled to financial compensation.
Let a Jacksonville cyber sexual harassment lawyer serve as your advocate during this difficult time. Reach out right away to discuss your options during a confidential consultation.
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