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https://www.hg.org/legal-articles/my-ex-posted-my-nudes-online-what-can-i-do-to-remove-them-63501
My Ex Posted My Nudes Online: What Can I Do to Remove Them?
Have you ever Googled yourself, opened social media, or received a text message that made you realize intimate photos or videos of you are circulating online? There is nothing quite like that sinking feeling as you think to yourself —“My ex posted my nudes!”
No matter whether you sent the photos voluntarily or they were taken without your permission, it is considered revenge pornography if they were posted without your consent.
If your ex or another individual posted your nudes online without your permission, you may be able to file a civil lawsuit or a criminal complaint. Other non-litigation strategies to remove your intimate images or videos from the internet include:
1. Report the explicit content to the platform or website where it is posted,
2. Send a DMCA takedown notice to the infringing party, web host, search engine, or website where the content is posted, and
4. Send a cease and desist letter to the perpetrator.
At Minc Law, we have years of experience helping victims of revenge pornography remove explicit content from revenge pornography sites and other platforms. We can pursue legal action and communicate with platforms, perpetrators, and law enforcement on behalf of our clients. It is our goal to provide empathetic and non-judgmental support and bring you peace of mind in this stressful and isolating situation.
In ths article, we explain the basics of what constitutes revenge pornography and how to avoid having compromising photos published online without your consent. Then, we provide actionable tips for dealing with revenge pornography, both in and out of the courtroom.
The basics: What is Revenge Pornography?
Revege pornography is a burgeoning issue and is now all too common in the United States. An estimated one in 12 U.S. adults are victims of image-based abuse— and young people are the most common victims.
It is reported that people between 15-29 are the most likely to be threatened with revenge pornography, and young women are the most at risk with 10% of women under 30 experiencing threats of nonconsensual image sharing.
The LGBTQ+ community is also at a higher risk, with 17% reporting being at least threatened with revenge pornography.
This crime is also known as “nonconsensual pornography” and the “distribution of images without consent.” No matter the initial circumstances or if you willingly shared the images, if you are the victim of revenge pornography, you have legal rights and recourse. There are often ways to have the explicit content removed from the platform where it was posted—and depending on your situation, you may be able to file a civil lawsuit or a criminal complaint.
What Qualifies as Nonconsensual Pornography?
As revenge pornography removal attorneys, one of the most common questions we receive at Minc Law is, “Is what happened to me really revenge pornography?”
While the term “revenge pornography” suggests that it is always motivated by revenge (such as a spurned or angry lover), any nonconsensual distribution of sexually graphic images or videos may be considered revenge pornography.
Many revenge pornography cases involve perpetrators who do not know the victim personally. Even if you sent a nude photo or video voluntarily, it becomes revenge pornography if it is shared without your permission.
Below, we provide a few common scenarios that qualify as revenge pornography.
Nonconsensual Publication & Sharing of Confidential Sexts
Say you are sexting with a crush and eventually send nude images. You willingly shared intimate images and explicit conversations with that individual—but to your surprise, you later discover that those same images and screenshots have been posted on the internet for all to see.
It turns out your crush posted the images on several pornography sites without first asking you.
This scenario is unfortunately common; one study estimates that 12% of teens have forwarded sexts to others without consent. 3 Whether the sexts were forwarded to a group chat or posted on a revenge pornography site, this act constitutes revenge pornography.
Hacked Private Nudes & Intimate Selfies
You took a few selfies on your phone that were meant to remain private. You considered sending them to your significant other, but you lost your nerve. You kept the images on your phone, thinking you might build up the courage to send the images one day.
Then, you receive a text or email alerting you that there are nude images of you online. The message demands money to take the images down.
When you follow the link in the message, you see that the images are the nude selfies you took but never sent! Your phone or cloud account was hacked—and the hacker posted your photos online for a sextortion scheme.
This type of sextortion is also on the rise. In fact, it is estimated that 43% of victims of revenge pornography report that their devices or accounts were hacked. 2
Nonconsensual Publication of Intimate Images on Shaming & Revenge Pornography Websites
You and your spouse have been married for a few years. You’ve recently formed a close friendship with a work colleague, which has led to an affair. Your spouse checks your phone one night while you are in the bathroom only to discover that you and your friend have been sexting back and forth.
In their rage and jealousy, your spouse sends themselves the images and shares the compromising photos and texts all over the internet–primarily on shaming, cheater, and revenge pornography websites. Your in-laws and once “mutual” friends jump on the gossip and share the images–which have now gone viral.
What Does Not Qualify as Revenge Pornography?
On the other hand, some scenarios involve intimate images but may not qualify as revenge pornography. The following scenarios may not fit the definition of nonconsensual pornography:
Authorized Release or Use of Photos
Say you visited your favorite tattoo studio for an intricate design on your ribcage. The tattoo turned out very well, and the studio asked to take a photo for their portfolio. Since the photo did not include your face, you agreed to sign a release form giving permission to use the image for advertising purposes.
But the studio is now using the image prominently in print and digital ads. Even though the image does not show anything explicit, soon everyone in your small town knows it is a picture of your nude torso. Your older relatives are giving you a hard time about the photo, and you are worried this publicity might affect your employment opportunities.
While this situation is uncomfortable, it does not qualify as revenge pornography.
Consensual Paid Pornography
Say you sold a few nude photos to an online pornography site several years ago. Getting older and starting a family has made you wish you could remove those images from the internet—and while you may still have some options to remove or suppress them, your situation does not fit the definition of revenge pornography.
If you are experiencing a situation like the ones above, you should speak to an attorney about your options. Make sure to bring a copy of the image release contract, if you signed one.
Keep in mind that most situations involving the distribution of intimate images or videos are not always clear, so reaching out to an experienced internet attorney is critical.
What Are Personal & Professional Implications of Your Nudes Being Posted Online?
Revenge pornography may have severe consequences on victims’ social lives, relationships, and mental health. Many victims experience effects such as:
• Damaged relationships with romantic partners,
• Alienation from or conflict with family and friends,
• Lost job opportunities,