‘Revenge porn’ can ruin lives. California should strengthen its laws and make it a felony
In October 2013, California enacted its “revenge porn” law, making the Golden State the first in the nation to criminalize posting sexually explicit content of another person online without their consent. At the time, the law was groundbreaking — a promising step toward offering justice for victims of these despicable online acts. But the law, still just a misdemeanor offense, needs to be tougher.
Sharing intimate content with romantic partners has become the norm. Surveys show that up to 60% of adults have taken a nude photo or video of themselves and shared it with someone else. In fact, it is estimated that 20 intimate photos are sent every second in the United States.
Although “sending nudes” is now a normative aspect of romantic life in the 21st century, the illicit distribution of this type of intimate content can be truly devastating, especially for women, who are disproportionately affected by this type of crime.
Consider the case of Damilya Jossipalenya, a 21-year-old woman who jumped to her death from the window of her apartment after her ex-boyfriend sent a video of her performing a sex act on him to a group of friends and threatened to forward it to her family members.
In Argentina, a police officer recently took her own life after her ex-boyfriend posted sexual videos of her online, prompting the internal affairs office of her police department to begin an investigation into her conduct.
The trauma experienced by these women is not unique. As an attorney who specializes in cases of sexual assault and harassment, I have worked with clients affected by the non-consensual release of sexual content online. Although no two offenses are perfectly alike, the trauma responses I have observed in these victims is similar to those who have experienced real-life sexual assaults. Unsurprisingly (but disconcertingly), results from a survey organized by the Cyber Civil Rights Initiative showed that 93% of revenge porn victims have suffered significant emotional distress and 41% have had thoughts of suicide.
Today, 46 states and Washington D.C. criminalize the non-consensual sharing of sexual content. At least a dozen of these states classify revenge porn as a felony offense, carrying penalties of up to one year in prison. But many go even further. For example, violations of the Missouri revenge porn law are punishable by up to seven years in prison.
California, on the other hand, goes light on this crime. Sharing revenge porn is only a misdemeanor, carrying a maximum potential prison sentence of just six months. Importantly, maximum penalties are seldom enforced by judges. Misdemeanors in California very rarely result in any jail time at all, with probation being the most common outcome. Many misdemeanors can also be expunged, meaning that perpetrators can escape scrutiny from their employers and landlords during background checks.
The severity of consequence for revenge porn victims far outpaces the relatively lax hand of justice levied upon offenders. Consider, for example, the crime of vandalism. In California, vandalism that results in damage of more than $400.00 can be charged as a felony offense.
Should our laws really punish an offender who breaks a few car windows more severely than someone who upends a victim’s entire life with the dissemination of revenge porn?
California should make revenge porn a felony, with penalties that match the long-lasting and life-altering effects of the act.