Divorce brings up some intense emotions, and when people feel like they have been wronged, their initial reaction is to respond in kind. Before we elaborate further, remember that when anger facilitates anger. Divorces do not have to be contentious, and trying to upset or “get back at” your spouse rarely leads to positive results. Typically, it leads to more mud-slinging and even litigation.
As a firm that practices family law cases, we could provide you with several examples of the things people do to hurt their spouses. Today, we are going to focus on something that has been termed “revenge porn.” This refers to sharing explicit or intimate photos of someone without their consent. During a divorce, people may do this to humiliate or degrade their spouse. Whereas this decision could be made out of a moment of intense anger, it, justifiably, has serious ramifications.
Actions Have Consequences
Everything you say and do during a divorce can come back around. This applies to writing something negative on social media, saying something out of anger in a text, or posting explicit photos of your spouse. However, the ramifications of each differ, but “revenge porn” is a serious violation of privacy that can lead to legal repercussions. The laws vary by jurisdiction, but this could be a criminal act. That is in addition to being held liable in civil court.
- Defamation of character
- Harassment
- Invasion of privacy
Governor Andrew Cuomo signed a law (Penal Law § 245.15) that creates criminal penalties for perpetrators. Posting or disseminating these photos or videos could lead to up to a year in jail, and this does not include the financial ramifications that could result from a civil trial.
We also encourage you to look beyond the legal ramifications of it. Doing this to someone else can lead to feelings of shame, embarrassment, and anxiety. You must establish a co-parenting relationship with your spouse if you have children with them. Engaging in negative behavior, especially as serious as revenge porn, is destroying the foundation of a future relationship. The victims of revenge porn experience:
- Loss of self-esteem
- Trust issues
- Challenges in forming future relationships
In a moment of anger, the people who engage in this behavior against their spouse may lead to serious mental health challenges, which they need extensive therapy to recover from. Additionally, regarding civil lawsuits, the public exposure of revenge porn can devastate a person’s professional life. It can jeopardize current and future employment opportunities, destroy personal relationships, and it may cause someone to isolate themselves socially. People may harass them online, adding to the emotional turmoil they are already experiencing.
Seek Legal Protection & Support
If you are in a situation where your spouse engages in this behavior during a divorce, you must take legal action to protect your rights and mental health. We understand the complexities of these cases and the types of things that can surface during them—which is why we published this blog. Our background and experience will help you navigate the legal system. We can obtain restraining orders, enforce cease-and-desist orders, and take legal action against those using revenge porn to attack you. Contact our office today to set up a consultation with a compassionate and understanding attorney who will support you.
Andrea L. Gamalski Attorneys at Law
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