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  • Personal Injury
  • 10/10/2022

Have you been a Victim of Revenge Porn?

Revenge Porn has been on the rise over the last few years. The good news is victims are now able to fight back against posters.

The USA government simply passed 15 USC 6851 in the Physical Violence Against Women Reauthorization Act of 2022, which allows victims to submit civil suits against an individual who distributed their intimate pictures without approval. You can still submit a civil suit if you sent the pictures to somebody with permission, but they proceeded to distribute the images without your permission. You could receive up to $150,000 of actual or liquidated damages along with the cost of action, attorney's costs, and other lawsuit expenses.

Having your intimate photos or videos unwillingly uploaded online can result in emotional distress, the sensation of unpredictability, and also susceptibility. Aubrey Givens and Associates desire to aid you to find alleviation by overcoming the litigation process with you and assist in taking those images down. What Counts as Revenge Porn? Revenge porn is the nonconsensual distribution of intimate content of a person online or otherwise. The web content could be video clips or images that reveal an intimate visual depiction of a person. There are some misunderstandings regarding what precisely can be thought about revenge porn, so we have actually offered some examples. For the video clips or pictures to count as revenge porn a person has to be "identifiable" in an "intimate visual depiction" and the photo was published without "consent.". The simplest way to identify somebody is by checking out someone's face, nevertheless, your face might not always be in the content posted. Identifiable attributes can be something like a birthmark, tattoo, recognizing objects, or other recognizable features. The use of the victim’s name might qualify too. The 'intimate visual depiction" can be the uncovered genital areas, rectum, female nipple area, transfer of physical sexual fluids, or an identified person participating in a sex-related act. Below are some instances of what might be determined to be revenge pornography.

Have you been a Victim of Revenge Porn?

Criminal Law in Tennessee. Tennessee does have criminal regulations to protect victims of revenge porn. Unlawful exposure is specified by an individual who distributes a picture of intimate components or components of another identifiable individual to create psychological distress. Being convicted of dispersing revenge porn will count as a misdemeanor, resulting in up to 11 months and 29 days of prison time with a fine up to $2,500.

Civil Legislation in Tennessee. While Tennessee presently does not have civil regulation pertaining to revenge pornography, you can file a claim for intentional infliction of emotional distress as well as privacy torts. Intentional infliction of emotional distress and privacy torts will permit you to accumulate damages from a civil lawsuit or settlement. For Civil claims, we suggest for you to acquire a lawyer. If you decide to proceed with a Civil claim, it is vital to comprehend that you might not have the ability to take legal action against the system the pictures or video clips were posted on. Sites that are typically used to distribute revenge porn are user-uploaded web content based and are protected under Section 230 of the Communications Decency Act. Taking legal action against the internet site will likely have your case thrown out of court, so you should go after the poster. Remember, the federal law discussed above is in addition to Tennessee law.

How we can help. Aubrey Givens and Associates wish to help you with your case as well as remove the dispersed images. The very first step you need to take is to take screenshots or save the images. If you are desiring to pursue a lawsuit, we will wish to have the duplicates as proof in the situation the wrongdoer deletes them. Although in many cases you may know or have an idea of who published the pictures, we will wish to locate the identification of the initial poster. We will also utilize reverse picture searches to find the original blog post. These starting actions help prepare our case. We intend to provide you with the assurance that the images are off the internet. Aubrey Givens and Associates will deal with social media companies, discussion forums, and copyright regulations to get rid of revenge porn. Photos or video clips that you have taken may have copyright securities that we can use to copy-strike the image. We understand that revenge porn can hurt your reputation, and we will function promptly to take the material off the internet. It is time to call upon the experience and expertise of Aubrey Givens and Associates at 615-248-8600 or email ContactUs@GivensLawFirm.com if you have been targeted with Revenge Porn.

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If you, a family member, or a friend is in need of legal advice, don't hesitate to reach out to us. Call us today at 615-248-8600 or 615-444-4LAW to schedule a free consultation. We believe in providing personalized attention to every client, and we're here to help you navigate the legal system. Discover the difference at Aubrey Givens & Associates, PLLC and let us dispel any misconceptions you may have about law firms. Your legal needs matter, and we are here to fight for you.

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