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Common Myths About Revenge Porn and Your Rights

Common Myths About Revenge Porn and Your Rights

Dispelling the Most Harmful Myths About Revenge Porn

Revenge porn is more than just an invasion of privacy. It’s a direct assault on your dignity, your safety, and often, your mental health. But despite its serious impact, myths about what qualifies as revenge porn, and how victims can respond, still cloud the truth. These false beliefs can prevent people from seeking help, reporting the incident, or even recognizing that a crime has taken place.

Our sexual abuse attorneys work with survivors every day who believed they had no legal options. Many didn’t know that what happened to them wasn’t just cruel, it was criminal. At Horn Wright, LLP, we help clear away those misconceptions. When people understand their rights, they reclaim power. If you've been affected, even if you’re not sure whether it qualifies, we’re here to offer clarity and guidance.

“It’s Just Embarrassment” Is Not a Legal Defense

One of the most damaging myths around revenge porn is that it’s “not serious.” Some offenders downplay their actions by saying the victim is just overreacting or being dramatic. But under New York law, embarrassment is far from a laughing matter, it’s a legally recognized form of harm.

According to New York Penal Law § 245.15, the crime of unlawful dissemination of an intimate image hinges on intent to cause harm. That harm can be emotional, psychological, reputational, or even financial. “Just embarrassment” is exactly what the law was written to address.

Offenders often attempt to claim it was a joke, or that they didn’t expect the victim to find out. That doesn’t matter. What matters is that they shared private content without permission, and that the victim suffered as a result. New York courts take these cases seriously, and prosecutors are trained to look beyond dismissive excuses.

We make sure your experience is framed with the respect and seriousness it deserves, not brushed aside as a misunderstanding.

Consent to Record Does Not Mean Consent to Share

Many people believe that if someone agreed to take a photo or record a video, they also agreed to whatever happens afterward. That’s false, and dangerous. Consent to create is not the same as consent to distribute.

In New York, consent must be:

  • Specific to the context (e.g., private use vs. public sharing)
  • Voluntary and not pressured or coerced
  • Revocable at any time before public disclosure

The fact that someone once trusted another person with an image doesn’t erase their right to say, “Don’t share that.” The law supports that boundary. Courts in New York have consistently ruled that prior consent does not protect someone from liability if they later post, text, or email the image to others with intent to harm.

When working with our sexual abuse attorneys, we gather every detail to show when and how that consent ended. That’s often what makes the difference in both civil and criminal cases.

New York’s Laws Strongly Protect Victims From Misconceptions

Some survivors believe they won’t be taken seriously, especially if they once had a romantic or sexual relationship with the person who violated them. But New York law doesn't care if you dated. It cares what they did, and why.

Under New York Civil Rights Law §§ 50 and 51 and Penal Law § 245.15, victims are protected whether:

  • The image was taken with or without their knowledge
  • The offender was a partner, friend, coworker, or total stranger
  • The content was posted online, sent by text, or printed and circulated

These laws don’t require your case to go viral to count. Even one instance of non-consensual sharing can qualify, especially when there’s intent to cause distress or control your behavior.

Our team uses these laws to stop the damage and pursue consequences. Whether you want the image removed, the offender held accountable, or both, we work with what New York law already gives you.

Maine Provides Weaker Civil Remedies Than New York for Victims

Not all states give victims the tools they need. In Maine, revenge porn is criminalized under Title 17-A, §511-A, but the law provides limited civil options. Victims often have to rely on general tort claims like invasion of privacy or emotional distress, which don’t always hold up without extensive proof.

By contrast, New York goes further:

  • It offers a clear civil cause of action that aligns with the criminal statute.
  • Victims can recover financial compensation for therapy, lost income, or reputational harm.
  • Courts can issue injunctions to force websites to remove the content or block further sharing.

This dual-track system, civil and criminal, is one reason many attorneys across the country look to New York as a leader in digital privacy laws. It recognizes that emotional damage deserves just as much legal weight as physical injury.

If your case crosses state lines or involves an out-of-state offender, we can help you understand how New York’s stronger protections might still apply.

Why Victims Should Never Feel Blamed or Ashamed

There’s a heartbreaking myth that victims brought this on themselves. That they “should’ve known better” than to send a photo, or that their past decisions somehow justify the abuse. That’s not only wrong, it’s cruel. No one deserves to be violated, manipulated, or exposed just because they once trusted someone.

Victims often carry that guilt silently. They hesitate to speak up, worrying they’ll be judged or humiliated again by the legal system. But New York courts have moved beyond those outdated attitudes. Judges now recognize how real the harm is, and how important it is to hold offenders, not victims, accountable.

If you're feeling that kind of shame, we understand. But it does not mean you’re powerless. Our attorneys know how to protect your privacy while still building a strong legal case. You can pursue justice without reliving the trauma in public.

How Myths Can Harm Legal Outcomes If Left Unchallenged

Believing in myths doesn’t just hurt emotionally, it can hurt your case. If a victim thinks their experience “doesn’t count,” they may wait too long to report, lose access to digital evidence, or struggle to describe what happened in legal terms.

Here’s how misinformation can affect outcomes:

  • Delays in action can limit access to protective orders or key tech records.
  • Self-doubt may prevent victims from reporting at all.
  • Incorrect legal assumptions may lead to the wrong kind of claim being filed.

We help break this cycle. Our sexual abuse attorneys walk through each myth, explain what the law actually says, and guide you toward the best path forward, step by step.

You don’t need to know everything before you call. That’s our job. But even asking the question can change everything about your outcome.

Horn Wright, LLP, Counters Myths With the Truth

False beliefs about revenge porn can silence people before they even begin to seek help. But the law in New York is on your side, especially when you have someone to break down the truth. Our sexual abuse attorneys will tell you, clearly and directly, whether your case meets the legal standard, what laws apply, and how to take action that protects your future.

At Horn Wright, LLP, we’ve spent years helping survivors challenge the stories they’ve been told, by offenders, by society, or by their own doubts. You’re not to blame. We’re ready to fight with you. Real legal change starts with the truth.

What Sets Us Apart From The Rest?

Horn Wright, LLP is here to help you get the results you need with a team you can trust.

  • Client-Focused Approach
    We’re a client-centered, results-oriented firm. When you work with us, you can have confidence we’ll put your best interests at the forefront of your case – it’s that simple.
  • Creative & Innovative Solutions

    No two cases are the same, and neither are their solutions. Our attorneys provide creative points of view to yield exemplary results.

  • Experienced Attorneys

    We have a team of trusted and respected attorneys to ensure your case is matched with the best attorney possible.

  • Driven By Justice

    The core of our legal practice is our commitment to obtaining justice for those who have been wronged and need a powerful voice.