Can You Sue Someone for Sharing Revenge Porn Without Consent?

Sharing Without Consent Is the Core of Revenge Porn Law

The entire issue comes down to one word: consent. When you never gave permission for a private photo or video to be shared, the law is on your side. It doesn’t matter if the image was taken during a relationship or kept on your phone. The moment it gets sent, posted, or uploaded without approval, the act becomes a legal violation.

New York courts see the difference between intimacy and exploitation. Agreeing to share a private moment in confidence is not the same as consenting to public exposure. That distinction is why survivors in this state have been able to hold offenders accountable. Our sexual abuse attorneys at Horn Wright, LLP, have stood beside clients in these exact situations, ensuring the courts recognize what really happened, not the excuse the perpetrator tries to offer.

What New York Courts Require for a Lawsuit

To bring a lawsuit in New York, you have to meet a few key requirements. The law doesn’t leave victims powerless, but it does set a framework for proving your case.

Here’s what generally matters most:

• The image or video must be explicit, meaning it shows sexual activity or intimate body parts. Courts want to see that it falls under Penal Law § 245.15, which criminalizes unlawful dissemination of intimate images.
• You need to be identifiable. That doesn’t always mean your face is visible. Tattoos, scars, a voice, or even your home setting can count. Judges look at whether an ordinary person could reasonably recognize you.
• The defendant must have acted knowingly and without your agreement. That’s where texts, messages, or repeated posting behavior come in, proof that it wasn’t an accident.

When those pieces are in place, the law gives you strong footing to move forward with both civil and criminal action.

When Sharing Crosses Into Civil and Criminal Territory

Revenge porn isn’t confined to one courtroom. It can show up in both civil and criminal court at the same time. Civil cases let you pursue money damages and orders to take the content down. Criminal cases focus on punishing the wrongdoer with fines, probation, or jail.

Imagine this: your ex uploads a video to a public adult site. You could file a civil lawsuit under Civil Rights Law §§ 50 and 51 asking for compensation and removal orders. At the same time, prosecutors could charge them criminally under Penal Law § 245.15. These aren’t either/or decisions, you can pursue both. And doing so often means the harm is taken more seriously by everyone involved.

Examples of Cases Where Sharing Was Proven

Judges don’t just look at the content itself; they look at the story behind it. Several recent cases in New York highlight how victims proved their claims:

• In Brooklyn, a man was convicted after uploading his ex-girlfriend’s private photos to an online forum. Evidence included screenshots and messages where he bragged about posting them. The court called the conduct “intentional humiliation.”
• A Manhattan case ended with a six-figure settlement when explicit videos were distributed in a group chat. The victim’s lawyer tied the exposure directly to workplace harm and therapy costs, which the defendant had to pay.
• In Queens, a judge issued an injunction forcing a social media account to remove intimate images after the offender repeatedly re-uploaded them, showing clear intent to harass.

These cases show that with evidence, courts don’t hesitate to rule in favor of victims.

In Maine, Civil Remedies Are Less Broad Than in New York

Not every state offers the same options. Maine, for example, criminalizes revenge porn but doesn’t give victims as many civil tools. Proving emotional distress can be harder, and injunctions aren’t as readily available. That means victims there may only get limited remedies even when the harm is obvious.

New York, by comparison, is far more survivor-focused. Victims here can seek damages, removal, and protective orders all at once. That difference is why attorneys often work to file cases in New York if the victim lives here or the content was accessible here.

What Remedies Victims Can Pursue Against Individuals

When you sue the person responsible, there are several types of relief you can pursue:

• Compensatory damages. These cover real expenses, therapy sessions, lost wages, moving costs, or digital security upgrades. Courts recognize that revenge porn creates tangible costs, not just emotional ones.
• General damages. These reflect pain, humiliation, and long-term emotional toll. Survivors often struggle with depression, panic, or isolation, and courts award damages to acknowledge that.
• Injunctive relief. This is about prevention. Judges can order the offender to remove all images, delete files, and never share them again. Violating such an order can bring even harsher penalties.

Each remedy has its place, and together they make sure the offender is held accountable financially and legally.

How to Prove the Sharing Was Intentional

Intent matters a lot. Courts need to see that the sharing wasn’t just careless but deliberate. That’s where context becomes powerful.

Ways intent gets proven:

• Messages that contain threats or admissions. In blackmail revenge porn cases, texts like “Do this or I’ll post your pics” become direct evidence of intent. Courts rarely overlook them.
• Repetition of the act. If an offender re-uploads content after takedowns, it shows willful harassment rather than an isolated mistake.
• Witness testimony. Friends, coworkers, or others who received the content can testify that the offender distributed it knowingly.

Proving intent strengthens your case dramatically, often leading to larger awards and stronger court orders.

Horn Wright, LLP, Will Sue Perpetrators on Your Behalf

You don’t have to carry the burden of fighting alone. Suing someone for revenge porn is not just possible, it’s often the best path to reclaim your privacy and dignity. Our sexual abuse attorneys know how to build airtight cases, prove intent, and pursue the maximum relief the law allows.

At Horn Wright, LLP, we’ve handled cases involving social media exposure, adult site postings, blackmail threats, and workplace-related distribution. Each case is unique, but the goal never changes: holding perpetrators fully accountable. If you're ready to hire one of the best law firms in America, we’ll take legal action on your behalf and push relentlessly until justice is served.