Unlawful Disclosure of Intimate Material Lawsuit
Our attorneys stand up for victims of intimate photo sharing
The rise of cellphones and digital communication have led to a great deal of sharing of intimate photos within relationships. As long as those photos are taken and shared by fully consenting adults, that’s fine. However, sharing intimate photos without consent, commonly known as “revenge porn,” can have devastating effects on victims’ lives. The level of embarrassment, reputation damage, and other costs that can come with non-consensual intimate photo sharing are significant. We can help.
The Wichita Falls attorneys at Hoover Rogers Law, LLP stand up for victims of unlawful disclosure of intimate visual material. We know your rights under the law, and we are prepared to fight for them. Give us a call or contact us online for a free, fully confidential consultation.
When is it illegal to disclose intimate photos of adults?
In Texas, acts commonly known as “revenge porn” are defined as unlawful disclosure or promotion of intimate visual material. “Intimate visual material” is defined as photos or video that either show a person’s exposed intimate parts or show that person engaged in sexual conduct. Under the Texas Relationship Privacy Act, unlawful disclosure of intimate visual material means:
- Someone shared intimate visual material depicting you, without your consent,
- They obtained or created that material under circumstances where you had a reasonable expectation of privacy (such as within a relationship),
- The disclosure of the intimate material reveals your identity, either within the material itself (for instance, your face is visible) or via accompanying information such as a caption, and
- You suffered harm because of the disclosure.
In addition to the person who actually took and shared the intimate photos or video, Texas law also allows you to sue the owner of a website or other forum for publication that shared or promoted the material, if they knew its character and content.
Oklahoma has an equivalent statute with a similar definition.
What can you sue for if your photos were shared without consent?
Unlawful disclosure or promotion of intimate visual material is a crime in Texas. The law also allows victims to sue the discloser of that material in civil court. You can seek two types of recourse in a revenge porn lawsuit:
- Injunctive relief: the court can order the person who is sharing or promoting your intimate material to cease and desist. They can be subject to fines and penalties if they do not stop.
- Damages (financial compensation): you can be awarded money to compensate you for your losses, including:
- Actual damages, including your mental anguish and other costs related to the unlawful sharing of intimate material,
- Court costs and attorney’s fees,
- Exemplary (punitive) damages.
Remember, your civil lawsuit is distinct from any criminal charges the State of Texas might bring against the person who shared your intimate photos. That means you can win your civil case even if the charges are dropped or the person is acquitted in criminal court.
How an experienced attorney can help victims
Sharing intimate photos without consent is more than just a crime; it’s a betrayal of the most intimate trust. It’s normal to be angry, embarrassed, and overwhelmed in a revenge porn situation. Our job is to listen empathetically to your story, explain your legal options, and advocate for your rights throughout the process.
Unlawful intimate material cases are difficult, emotionally fraught, and sometimes exhausting, but you can rest assured that we will be firmly in your corner every step of the way. If your private photos have been illegally shared by a former romantic partner or distributed online without your consent, you have rights under the law. We can protect them. Give us a call or contact us online for a free, confidential, no-obligation consultation.