4 Things A Prosecutor Must Prove In A Revenge Porn Case

Social media and access to technology have made it easier than ever for people to share information with one another. Most of the time the information shared is positive, but sometimes the information shared can be considered criminal.

Revenge porn, meaning graphic images or video shared by an intimate partner, is becoming a real problem. Prosecutors are tasked with providing the evidence required to convict a person accused of sharing revenge porn.

The court requires that prosecutors establish four facts in order to mount a successful revenge porn case.

1. Intentional Distribution

In order to be found guilty of a revenge porn charge, the person accused must have intentionally distributed the graphic image or video content with others. This element is usually easy for prosecutors to prove.

Telephone and computer records can be subpoenaed to show that the image or video was knowingly sent to multiple individuals.

A defendant may try to claim that the distribution was accidental, but prosecutors can use the number of people who received the content as a way of proving intent.

2. Understanding of Privacy

Another critical fact that must be proven by the prosecution in a revenge porn case is an understanding of privacy between the intimate partners involved in the case.

Both parties must have understood that the graphic images or video content were created solely for the purpose of sharing with one another.

If this expectation of privacy was never discussed or understood, it can be challenging for a prosecutor to prove to a jury that the understanding of privacy existed at the time of distribution.

3. Intent to Cause Harm

Revenge porn is typically distributed in an attempt to cause the partner featured in the graphic image or video serious emotional distress.

Prosecutors usually rely on witnesses that were close with the defendant at the time of distribution to establish this intent.

Witnesses can testify to the mental state of the defendant and provide information on his or her feelings toward the target of the revenge porn at the time of distribution.

4. Direct Causal Link to Damages

The final element that prosecutors must prove to achieve a revenge porn conviction is a direct causal link between the distribution of graphic images and video and damages sustained by the subject of these images and video. These damages can be emotional or monetary.

Prosecutors work directly with the victims of revenge porn to identify any negative impact the revenge porn had on the victims, then present this information in court.

Contact a sex crimes attorney to learn more.


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