With the ongoing advancement of technology, particularly following a global pandemic where people were seeking new ways to intimately connect from afar, it is not surprising that there was an increase in the exchange of sexual or intimate images through technology. An estimated 4 out of 5 adults have sent or received an explicit text or photo. If you haven’t done it, odds are you know at least four people who have.
However, problems can arise when this act of trust is breached – when what was supposed to be an intimate image shared between a couple gets shared beyond that circle of trust. “Revenge Porn,” as it is commonly known, is the act of sharing or posting intimate or sexually explicit images of a person without their consent to cause them distress or embarrassment. An estimated 1 in 12 U.S. adults reports that they have been victims of image-based abuse.
When revenge porn is involved, there are two possible avenues in which to attempt to seek a Protection From Abuse Order: (1) The Protection From Abuse Statute (“PFA”), or (2) the Protection from Sexual Violence and Intimidation (“PSVI”). Both avenues are civil in nature and could ultimately result in a restraining order against the abuser prohibiting them from engaging in an abusive course of conduct, and even directing them to take the photos down and delete them permanently.
In the case of revenge porn, it will typically depend on your relationship with the individual and what acts of abuse they have specifically committed.
Relationship: Both the PFA statute and PSVI statute limits relief to a specific group of individuals in which you can receive a protection order. Under the PFA statute, you can only get a protection order against (1) a spouse, (2) a current/former sexual or intimate partner, and (3) family or household members. Alternatively, under PSVI, you can get an order against anyone other than a family or household member.
Conduct: The primary focus of the PFA statute is safety. In order to receive a PFA order, the abuser needs to have committed or threatened to commit bodily injury or engaged in a course of conduct that would put the victim in fear of imminent bodily injury. Under the PFA statute, unless the abuser has engaged in additional conduct that makes you fear for your safety, it is unlikely that merely posting photos will rise to the level of abuse required to get a protective order. Where they have also engaged in physically abusive conduct, the act of posting photos will help to bolster the case against them.
Conversely, under the PSVI statute, the abuser only needs to have committed a crime under 18 Pa.C.S. Section 31 which covers sexual violence. The dissemination of sexual or intimate images without a subject’s consent is a second-degree misdemeanor and can result in up to two years of jail time and/or a fine. The mere act of posting or sharing photos without someone’s consent is sufficient conduct in which to receive a protective order under PSVI.
If you’ve carefully read this post, you may realize there is a problem for individuals who are married and the only course of conduct their abuser has engaged in is posting sexual or intimate pictures. While posting pictures is enough to receive an order under PSVI, the statute does not apply to family or household members. And while PFA does apply to family or household members, merely posting pictures is probably not enough to receive a protective order.
The unfortunate reality is that the law is often over ten years behind technology and is continuously changing in order to catch up. Until this gap in the law is addressed, these individuals can attempt to seek a preliminary injunction or proceed through criminal court.
For further guidance or information on this topic, please set up a consultation with a member of our Family Law team.
The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.
Hayley is a Doylestown-based family law attorney, who handles all aspects of domestic relations matters, including divorce, custody and visitation, child support, property division, protection from abuse, as well as family law...
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