In today’s world, revenge porn and divorce are practically synonymous. As a Salt Lake City divorce attorney, I often see ex-spouses bring up the issue of sharing intimate photos and videos of their exes without their permission. If you have become a victim of revenge porn during or after your divorce proceedings, will your ex-spouse face any legal consequences or penalties?
At a time when sharing explicit photos and videos has become an ordinary thing, it’s no surprise that many people who possess sensitive photos or videos of their ex-spouses choose to disseminate revenge porn in order to use it as leverage in their divorce.
Threatening to distribute revenge porn without your ex’s permission can be a powerful tool to get what you want in divorce negotiations. But will your ex-spouse, who shared your sensitive photos or videos online, be charged with a crime in Utah? This is the question we asked our experienced divorce attorney in Salt Lake City at The Ault Legal.
Does it make sense to report revenge porn to police?
Unfortunately, police in Utah has a reputation for failing to prosecute alleged offenders for spreading around revenge porn. Statistics show that a staggering more than 60 percent of all revenge porn cases reported to the police end with no legal consequences for the person who distributed intimate photos or videos of another person without the latter’s permission.
Needless to say, there are plenty of tools to prove that whoever possessed intimate photos or videos of you was the one who shared it online without your consent. These tools include but are not limited to checking IP address of the user who originally uploaded and distributed the sensitive material online. There are also many other online digital footprints that can help you prove that your ex is the one who distributed revenge porn.
Is revenge porn a crime in Utah?
Unlike many other states in our nation, Utah considers revenge porn a crime. And this is good news if your ex-spouse has distributed revenge porn out of… well, revenge, or threatens to do so.
The universally-accepted definition of “revenge porn” is disseminating explicit photography or videos of another person, typically the offender’s partner or spouse, who has taken it for the offender’s eyes only. Typically, the acts depicted in the intimate photos or videos are consensual, and usually involve either the victim alone or both the offender and the victim, but the distribution of that material after the fact is not consensual.
Our Salt Lake City divorce attorney explains that revenge porn is quite common in divorces and breakup where one of the spouses who possesses explicit photos or videos of the other spouse distributes these materials online, sells, displays, provides access to, or otherwise transfers them without the victim’s permission.
Typically, you may be able to hold your ex-spouse responsible for distributing revenge porn if the distribution was committed with the intent to cause you emotional distress or harm. Also, in order to prove that your ex-spouse committed revenge porn, you will have to establish that he or she distributed the explicit images or video knowingly or internationally, and that he or she knew that you did not give consent to the distribution of the material.
It seems more simply than you think, which is why it is highly advised to be represented by a skilled lawyer from The Ault Legal. Schedule your consultation by calling at 801-539-9000.
