Revenge Porn

What is Nonconsensual Pornography?

Nonconsensual pornography, also known as the unauthorized distribution of sexually explicit images or videos without the subject's consent, encompasses both consensual and non-consensual scenarios. It includes the sharing of intimate content within the context of a relationship and the dissemination of images acquired without the individual's consent, such as through hidden cameras, stolen personal records, or recordings of sexual crimes. The term “revenge porn” or “sextortion,” often used colloquially to describe nonconsensual pornography, can be misleading.  Perpetrators are not always motivated by revenge or personal animosity towards the victim. Legally, there is no requirement to prove revenge as a motive.

What are the Consequences of Nonconsensual Pornography?

Nonconsensual pornography can have severe consequences, devastating victims' relationships and limiting their future educational and employment opportunities.  Moreover, it is frequently wielded as a tool by individuals such as rapists and sex traffickers to coerce victims into silence about their abuse.  Taking legal action is crucial in addressing this issue.

What Steps Should a Victim Take?

If you are a victim of nonconsensual pornography, take immediate action by filing a police report to pursue legal penalties and by notifying social media platforms.  Secure evidence through screenshots to document the explicit material, aiding notifications to social media platforms or law enforcement.  The civil penalties are very high:

•  Actual damages, but not less than liquidated damages, to be computed at the rate of one thousand dollars ($1,000) per day for each day of the violation or in the amount of ten thousand dollars ($10,000), whichever is higher.

•  Punitive damages.

•  A reasonable attorneys' fee and other litigation costs reasonably incurred.

Seek a sexual abuse lawyer for prompt removal of content and file a civil lawsuit to recover compensation for distress, emotional pain, lost wages, and future earning capacity. We represent clients across the State of North Carolina.

AI, Revenge Porn & the Changing Landscape of Digital Abuse

Artificial intelligence is changing the legal landscape—and creating new ways for intimate images to be weaponized.

AI technology can now create realistic intimate or sexually explicit images of a person even when the original photograph or video never existed. Combined with the continuing problem of revenge porn and nonconsensual sharing of real intimate images, these technologies are creating difficult new questions for victims, attorneys, law enforcement, and courts.

The harm, however, can be very real—whether an intimate image is authentic, altered, or entirely AI-generated.

In a recent conversation, North Carolina attorney Melissa Gott discusses the intersection of artificial intelligence, revenge porn, and other forms of digital abuse, including:

• The rise of AI-generated intimate images and how new technology is making realistic fake images increasingly easy to create and distribute.

• Revenge porn and nonconsensual image sharing, including situations where private photographs or videos are distributed without the subject's consent.

• What victims should do when images are posted, including why acting quickly can be important.

• Potential legal remedies that may be available when someone creates, publishes, or distributes intimate images without consent.

• How to preserve digital evidence before posts, accounts, messages, or other important information disappears.

AI-Generated Doesn't Mean Harmless

A person does not necessarily have to possess an authentic intimate photograph to cause devastating harm.

AI tools can be used to place someone's face or likeness into sexually explicit material or create a realistic image depicting an event that never happened. Such images can affect a person's reputation, relationships, employment, emotional well-being, and sense of privacy.

As the technology evolves, the law is evolving with it.

Melissa Gott, Founder and Managing Partner of The Law Group in Wilmington, North Carolina, represents individuals dealing with revenge porn, nonconsensual intimate images, and other forms of digital harm.

If intimate images of you have been shared—or someone has created sexually explicit AI-generated images using your likeness—you do not have to determine your legal options on your own.