No one should ever experience having an intimate photo or video shared with strangers against their permission. This breach of trust can have dramatic consequences for the victim for years to come.
Recognizing the severity of this invasion of privacy, the State of Florida has taken steps to prevent this behavior. In addition to making it a crime, a dedicated civil attorney also has the power to file a lawsuit for financial compensation. Let a Pensacola sexual cyber harassment lawyer help you protect yourself and seek justice through the legal system.
The Reasonable Expectation of Privacy
In many states, the risk of having an intimate photo or video shared lies with the sender. Once sent, there is the potential for that material to be shared beyond the initial intended recipient.
Florida adopted a new approach that gives individuals a legal expectation of privacy around the sharing of intimate photographs. According to Florida Statutes § 784.049, any person captured in a sexually explicit video or image that is taken with their permission has a reasonable expectation that it will remain private.
This expectation is violated when the recipient shares the image with a third party or posts it online in a way that others might find it. Not only is this act a criminal offense that can lead to as much as a year in jail, but the law also provides the victim with the right to seek compensation through a civil suit. If you have been the victim of online sexual abuse, a Pensacola lawyer could help you seek justice.
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Who Is Liable in a Sexual Cyber Harassment Lawsuit?
Any sharing of intimate photos or videos can violate the law when the person depicted has not given consent. Typically, this involves criminal charges or legal action against the intended recipient. When that person shares the images for any reason, they may be liable.
In addition, the people they share those images with could also be liable if they retain the image or share it further. The purpose of the law is to hold accountable anyone who shares private material, even if they are two or three steps removed from the initial recipient.
In such cases, it takes work to track down everyone who may be at fault. A sexual cyber harassment attorney in Pensacola could investigate to find all potential defendants.
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Damages in a Sexual Cyber Harassment Case
With the help of a Pensacola attorney, you may be able to secure a variety of damages in a cybersexual harassment claim. This process is entirely separate from any criminal charges filed by the state. Prosecutors control criminal cases, but victims have the final say on pursuing a civil lawsuit against the person who violated their trust.
One of the remedies available through a civil action is monetary damages. Unlike an injury lawsuit, the compensation for a successful claim is the higher of the two: $5,000 or the actual damages sustained. Importantly, it is also possible to recover the cost of legal fees and court costs. A lawsuit could also bring injunctive relief. This involves the court ordering the perpetrator to destroy any remaining copies in their possession.
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Talk To a Pensacola Attorney About Your Online Sexual Harassment Case Today
If you are the victim of revenge porn, you may have legal options available. Furthermore, you do not have to deal with this traumatic situation on your own. Contact us today and let a Pensacola sexual cyber harassment lawyer assist you with getting the justice you deserve.
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