What recourse do I have if an ex-boyfriend or girlfriend posts nude photos of me online?

Until a few years ago, the recourse one could take against sexual cyberharassment and having explicit photos posted online without proof of consent was limited to a civil tort claim. The good news is more states and social networking sites have enacted rules to address this situation.

The most immediate relief may be obtained through the website your ex-boyfriend, girlfriend, or ex-wife or husband, or another person, chose to display nude photos or another sexual image of you. If the posting is in violation of the website’s user agreement and posting rules, the site will remove any embarrassing content upon proper verification by the victim.

What was the intent of your ex?

The intent of your ex-boyfriend or girlfriend will determine which legal options you may pursue. If your ex-boyfriend or girlfriend has posted nude images of you with intent to embarrass, intimidate, or harm you, the posting might constitute online harassment.

Unfortunately, the rules and laws regarding online harassment and revenge porn are relatively new. Texas adopted its first online harassment law in 2009.

To determine if your state has a similar law, visit your state’s official government website and search the legislative section for terms such as “online”, “posting”, and “harassment.” It may take more than one search to find the correct title.

Even if your state has not adopted a formal online harassment statute, other penal codes may apply. If the intent of your ex is simply to “relive the highlights” of a sexual relationship that has ended, the charges may be an improper distribution of visual images.

If the intent of your ex is not clear, the fall-back charge would be a distribution of obscene material while being reckless about who would be alarmed by the posting of the private images, namely you.

To determine exactly which law applies to your situation, contact your local law enforcement agency. You may locate the official website for your local law enforcement agency by visiting Officer.com and selecting “agencies.” In most cases, if you file a complaint, this will be enough to motivate your ex-boyfriend or girlfriend to discontinue posting private photos of you online.

If your state does not offer online harassment protection or your local law enforcement agency is not up to speed on recent harassment laws, you may have to resort to civil remedies.

Should you hire an attorney?

An attorney who specializes in internet communications can file a lawsuit to prevent your ex- from posting any additional naked photos or videos of you in the future. In cases involving married couples in the process of divorce, the restraining order can be worked into your final decree of divorce.

Civil remedies do not have as much “bite” as criminal penalties and they tend to be more expensive, but they still provide you with several palatable options and remedies.

If you find yourself in a situation where someone has revealed explicit images without consent on Facebook or Instagram do not feel embarrassed about filing a police report or contacting a reputable attorney.

Case Studies: Recourse Against Online Sexual Cyberharassment

Case Study 1: Jane’s Revenge Porn Predicament

Jane, a young woman from a Midwestern state, found herself in distress when her ex-boyfriend posted nude photos of her online without her consent. Feeling humiliated and violated, she sought legal advice on her options to deal with this sexual cyberharassment. Jane’s state had recently enacted a law specifically addressing revenge porn and online harassment.

She immediately contacted her local law enforcement agency and filed a complaint against her ex-boyfriend for violating the state’s online harassment statute. The police investigated the matter, and with proper evidence, they were able to press charges against the perpetrator.

Case Study 2: Mark’s Questionable Intent

Mark, a young man from Texas, faced a complex situation when his ex-girlfriend posted explicit images of him online. Unsure of her intentions, Mark wasn’t sure what legal options were available to him. Mark reached out to his local law enforcement agency to determine the appropriate charge for his ex-girlfriend’s actions.

While his state did not have a specific online harassment law, there were other penal codes that could apply. In his case, the charges fell under improper distribution of visual images, as the intent of his ex-girlfriend seemed unclear. By filing a complaint with the police, he hoped to put an end to the harassment.

Case Study 3: Laura’s Pursuit of Civil Remedies

Laura, who lived in a state without explicit online harassment protection laws, faced the challenge of seeking recourse through civil remedies when her ex-partner posted intimate photos of her. As Laura’s state did not have specific online harassment laws, she decided to pursue civil remedies. She hired an attorney with expertise in internet communications and filed a lawsuit against her ex-partner.

The lawsuit aimed to prevent any further distribution of the explicit images and sought damages for the harm caused. While civil remedies might not carry criminal penalties, they offered Laura a chance to seek justice and hold her ex-partner accountable.