Catch your significant other cheating? Think it would be a good idea to share pictures or videos of their infidelity with their friends and family? Hold that send!
The phrase “revenge porn” describes situations where an individual shares intimate pictures or videos of another person in order to get “revenge.” It most commonly arises in bad breakups or instances where one partner catches the other partner cheating. The jaded partner takes it upon themselves to share, post, disseminate or otherwise disclose pictures or videos of the other individual nude or engaged in sexual activity. Often, these disclosures take place to friends and family to obtain maximum revenge impact.
First, nonconsensual sharing of intimate images and videos is a CRIME. Even if the images or videos came into the possession of the person sharing them consensually, the sharing or dissemination of them to anyone without the other individual’s express consent qualifies as “revenge porn.” Revenge Porn in Iowa is defined as the crime of Harassment in the First Degree, an Aggravated Misdemeanor, punishable by up to two (2) years of prison for each count. Each image or video shared to each additional individual qualifies as its own separate offense.
Second, Iowa has now created a special civil cause of action (lawsuit) against the offending individual to recover money for the damages suffered by victims of revenge porn. Iowa Code section 659A specifically authorizes a victim of revenge porn to sue the offender for their conduct in disclosing, or even threating to disclose, private, intimate images or videos without their express consent. This code section authorizes recovery of up to $10,000 in special damages per offending individual, attorney fees, punitive damages, and the normal personal injury compensatory damages such as mental pain and suffering. Even better, the statute of limitations is double that of a normal personal injury action. For revenge porn lawsuits, the statute of limitations is four (4) years.
GRL Law’s attorneys are sharpening their spears to champion these causes of action on behalf of victims across the state of Iowa. We can’t change the past but we can change the future. This new law allows victims to have the final say and exact the ultimate revenge; a significant monetary judgment that follows the offender around forever.
