How to Protect Yourself from Revenge Porn in Divorce

 Posted on March 11, 2014 in Family Law

Imagine receiving a phone call from your soon-to-be ex spouse threatening that he or she will put that explicit sex tape the two of you made one drunken evening on the Internet, unless you agree to roll over and play dead in the divorce case, give up your claim for maintenance, property, or you name it.

This could happen, and in fact happens every day. It is now called "unconsented pornography" or "revenge porn." Revenge porn is sexually explicit pictures, video, or other media that is publicly shared online without the consent of the pictured individual.

That pictured individual is now becoming increasingly an ex or soon-to-be ex spouse. It's called revenge porn because the images are often posted by the victim’s former lover.

Is Revenge Porn Illegal?

Two states, California and New Jersey, have recently passed anti-revenge porn laws. More states are following the banning of posting revenge porn on the Internet. On January 28, 2014, Illinois State Senator Michael Hastings introduced a new in the Illinois State Senate to ban revenge porn on the Internet, making it a felony to post such materials. Senate Bill 2694 would make it illegal not only to post such images, but the law also makes it illegal to host the photos online or solicit payment in exchange for taking them down.

What Can I Do to Protect Myself?

1. Keep private things private. Don't let anyone take sexually explicit pictures of you and expect them to be kept secret forever.
2. Don't send "selfies" self taken photos) to your best friend, boyfriend or girlfriend or anyone else for that matter which are sexually explicit.
3. Remember that laws do is a exist and will likely be increased to prevent revenge porn but doesn't necessarily protect you from things that are not kept private. It is your expectation of privacy that is your best defense against those who would take advantage of you from the explicit photos you had taken.
4. Don't post anything on the Internet you wouldn't want your mother to see. You don't want to put Internet or explicit pictures of yourself or see yourself in compromising positions on any social media site such as Facebook, Instagram, etc., since these are likely to be seen by present or future employers, future spouses, and especially your children. Remember love or infatuation does not necessarily last forever, but the pictures of a compromising love posted on the Internet surely do.
5. Don't be bullied by a boyfriend, girlfriend, or soon-to-be ex spouse. There are already laws in place in place which to protect your from being blackmailed or extorted when it comes to money or property. Stand up to those trying to put you down.
6. Consult a lawyer. Believe it or not lawyers have experience in protecting him from people who are bullies or extortionists. These websites have been able to stay up and seemingly thrive because of the wording in a section of the Federal Communications Decency Act, Section 230 grants website operators’ immunity from lawsuits over their user’s speech – a measure intended to preserve online free speech.

If you have had trouble with revenge porn in an unfortunate Illinois separation matter, contact an experienced Hinsdale divorce attorney by calling 630-920-8855.