Suing for Revenge Porn
Revenge Porn Lawsuit
A victim of revenge porn can sue the perpetrator in Supreme Court. There are many situations where a victim can sue their abusers for sharing their naked images or videos. For example, a victim can sue:
If their boyfriend posted videos on Pornhub without their permission.
An ex-boyfriend posted a picture of you engaged in oral sex online.
Your ex filmed you in secret and then shared the video with his friends.
Your ex threatened to share naked images of you with your parents because you broke up with him.
Even though you gave your partner permission to film you having sex, he then decided to share the images with his friends at a bar.
You are engaged in a long distance relationship and send naked pictures of yourself. Your boyfriend then shares the images with his roommates knowing he was not allowed to show anyone else.
In each of these cases, a lawsuit can be filed in New York courts for damages.
Statute of Limitations on Revenge Porn Lawsuits
Every lawsuit needs to be started within a certain timeframe. This is called the statute of limitations. For revenge porn cases, the statute of limitations is found in Civil Rights Law 52-B. A lawsuit needs to be commenced the later of a. three years after the dissemination or publication of an image; or one year from the date a person discovers, or reasonably should have discovered, the dissemination or publication of such image.
If the victim is also suing for intentional infliction of emotional distress, the lawsuit needs to be commenced within one year of the images or videos being shared.
In order to start a lawsuit, the victim needs to file a summons and notice or summons and complaint.
Revenge Porn Summons and Notice
A summons and notice can start a lawsuit. CPLR 305(b) requires a Summons and Notice to contain:
A notice stating the nature of the lawsuit
A demand that contains the amount of money you are asking for.
When starting a lawsuit with a summons and notice, it is important to include each of the causes of action a victim wants to sue. A victim should also ask for a large number because it is hard to amend the summons with notice at a later date.
A plaintiff has 120 days to serve the summons with notice. Once the summons with notice is served, a defendant files a notice of appearance. After the notice of appearance is filed, a victim has an additional 30 days to file the complaint in the action or risks having the lawsuit dismissed.
Revenge Porn Summons and Complaint
If a lawsuit is not started with a summons and notice, it can be commenced by filing a Summons and Complaint. A complaint tells the story of a victim’s case. It includes a brief introduction, the identity of the parties, and the statement of facts. The complaint concludes by introducing each of the causes of action, or allegations of wrongdoing, against the defendant. The summons and complaint need to be served on the defendant within 120 days of filing.
Proceeding Anonymously in a Revenge Porn Lawsuit
In certain circumstances, a victim has the right to use Jane Doe or John Doe or their initials in a revenge porn lawsuit. Normally the victim needs to file a special motion with the court and obtain permission from the Judge. Most judges are mindful of the harm a victim could face if they were required to use their real name, and are willing to sign an order allowing them to use a pseudonym.
Revenge Porn Lawsuits: The Answer or Motion to Dismiss
After a defendant is served with the lawsuit, they have 20 days to answer the complaint. This is done by filing an answer with the court that addresses each line of the complaint. An answer can also include a counter-claim, or lawsuit against the victim, or affirmative defenses. Affirmative defenses are raised by the defendant and try to place the blame on the victim.
A defendant also has the ability to file a motion to dismiss the complaint. This does not happen very often because the allegations contained in the complaint are considered to be true by the court. A perpetrator does not have the ability to try to have the complaint dismissed on the facts unless there is documentary evidence conclusively proving the plaintiff is wrong. However, sometimes perpetrators will file a motion to dismiss a lawsuit based on the statute of limitations expiring or lack of jurisdiction.
Discovery in Revenge Porn Lawsuits
Once the answer is served, the discovery phase begins. A victim is allowed to request documents and answers from the defendant. The defendant can also request certain information from the victim. For example, if the victim is suing for psychological damages, the defendant may be entitled to treatment records.
After discovery demands and documents are exchanged, the parties are deposed. During a deposition, the other side is asked questions relating to the allegations contained in the lawsuit and any defenses that are raised by the perpetrator. Under New York court rules, a deposition can only last 7 years.
Summary Judgment and Revenge Porn Lawsuits
At the close of discovery, each party can file a motion for summary judgment. The motion alleges that there are no questions of fact that need to be presented to a jury and the court can decide the issue. Often times in revenge porn cases, the plaintiff will file a summary judgment motion on liability, meaning that there is no question the perpetrator shared the naked images or videos.
The Trial
After the court decides the motion, the case goes to trial. The victim presents his or her story first and calls witnesses. Often times a psychologist or therapist will testify as to the victim’s damages and diagnosis.
A trial can be in front of a judge or a jury. Either the victim or the perpetrator can ask for a jury trial.
The Verdict
Once the trial has concluded, the judge or jury reaches a verdict and awards damages or dismiss the case.