Emotional Distress
What is Emotional Distress?
When dealing with revenge porn cases, the law has unfortunately not caught up to the internet and technology. Our law firm has filed multiple lawsuits alleging emotional distress based on the non consensual sharing of nude photographs and posting of websites.
New York Courts recognize two types of distress- intentional infliction of emotional distress and negligent infliction of emotional distress.
Intentional Infliction of Emotional Distress
Intentional Infliction of Emotional Distress (often referred to as IIED) is defined as (1) extreme and outrageous conduct, measured by the reasonable bounds of decency tolerated by society; (2) intent to cause or disregard or a substantial probability of causing severe distress; (3) a causal connection between the conduct and the injury; and (4) severe distress. Simply put the conduct engaged in by the person must be beyond what we tolerate in society.
As emotional distress lawyers, we have argued that the sharing of nonconsensual photographs and revenge porn should, and does, fall under the category of IIED.
Negligent Infliction of Emotional Distress
In order to sue for negligent infliction of distress (“NIED”), a person must show that the defendant either “unreasonably endangers the plaintiff’s physical safety, or causes the plaintiff to fear for his or her own safety.” An argument can be made that by publishing a person’s photograph, engaging in revenge porn, and together with a name or address, places an individual in harms way and you can then sue for NIED.
Suffering from Emotional Distress?
WebMd.com defines the symptoms of emotional distress as:
Emotional symptoms:
Becoming easily agitated, frustrated, and moody
Feeling overwhelmed, like you are losing control or need to take control
Having difficulty relaxing and quieting your mind
Feeling bad about yourself (low self-esteem), lonely, worthless, and depressed
Avoiding others
Physical symptoms
Low energy
Upset stomach, including diarrhea, constipation, and nausea
Aches, pains, and tense muscles
Chest pain and rapid heartbeat
Frequent colds and infections
Loss of sexual desire and/or ability
Nervousness and shaking, ringing in the ear, cold or sweaty hands and feet
Dry mouth and difficulty swallowing
Clenched jaw and grinding teeth
Cognitive symptoms
Constant worrying
Racing thoughts
Forgetfulness and disorganization
Inability to focus
Poor judgment
Being pessimistic or seeing only the negative side
In these tough times, it is important to seek the help of a professional. There are many clinically trained psychologists who can help you and we are always available to call.