Filing a Revenge Porn Lawsuit: Where to Start

Taking the First Step Toward Justice

There are few shocks more destabilizing than finding out someone has shared your private photos or videos without your consent. The betrayal hits first, followed quickly by fear: Who has seen this? Where will it spread? In those moments, you may feel powerless. But here’s the truth, you have rights.

In New York, revenge porn is both a crime and a civil violation. That means you can hold the person responsible accountable through multiple legal channels. Some victims want the images removed immediately. Others want financial recovery for emotional and career harm. Many want both.

Our sexual abuse attorneys have guided survivors at every stage, from the initial discovery of content to the filing of lawsuits in civil and criminal courts. At Horn Wright, LLP, we work to give you something the offender tried to take away: a sense of control over your own life.

How to File a Lawsuit in New York Courts

New York law offers strong remedies. Penal Law § 245.15 makes it a misdemeanor to publish or share intimate images without consent when done to harass or harm. On the civil side, Civil Rights Law §§ 50 and 51 allows victims to seek damages and injunctive relief. Put simply, you can go to court for both removal and compensation.

The process starts with filing a complaint in County or Supreme Court. That document explains who the defendant is, what they did, and what relief you’re seeking. A judge can then order content removal, protective orders to stop further distribution, and financial damages.

If the offender was a supervisor or coworker, you may also have claims under the New York State Human Rights Law, since harassment at work tied to intimate images is recognized as discrimination. These workplace revenge porn cases often overlap employment and digital privacy law, making them uniquely complex but also very powerful in court.

Required Documentation Before Filing

Evidence is the backbone of your case. Without it, even the strongest story becomes hard to prove in a courtroom. Judges and juries want records that show the content existed, that you didn’t consent, and that it caused harm.

Here’s what often matters most:

• Screenshots and URLs. Screenshots should be full-page, capturing the date, username, and URL. Courts look skeptically at cropped images. Keeping multiple versions over time also shows whether content remained live or was reposted, helping prove the scope of harm.
• Metadata and platform records. Platforms often log IP addresses, timestamps, and user IDs. In blackmail revenge porn cases, metadata can confirm who uploaded the material and when. It also proves repetition, showing the offender’s intent wasn’t accidental but malicious.
• Threats and messages. Texts, emails, or DMs can be as important as the content itself. A message like “Pay me or I’ll post this” is direct evidence of coercion. Courts treat these communications as proof of motive, strengthening both civil and criminal claims.
• Proof of harm. Financial and professional records, job loss, therapy bills, HR complaints, help demonstrate measurable damage. For victims of workplace revenge porn, these records can tie the abuse directly to lost income or opportunities.

Collecting this evidence can be painful, but it turns what feels like a private nightmare into a claim the courts cannot ignore.

Federal vs. State Options for Victims

Most revenge porn cases are handled under state law, but federal protections sometimes apply. Knowing the difference can expand your legal options.

In New York, Penal Law § 245.15 governs criminal cases, while Civil Rights Law §§ 50 and 51 give you civil remedies. But if your case crosses state lines, say, the offender shared content while living in another state, federal laws may step in.

Relevant federal statutes include:

• 18 U.S.C. § 2261A (Cyberstalking). This applies when images are part of ongoing harassment or intimidation, especially across states.
• 18 U.S.C. § 875(d). This statute addresses extortion threats, making it especially relevant in blackmail-related cases.
• Copyright law (17 U.S.C. § 512). If you took the photo or video yourself, you own the copyright. A DMCA takedown notice can force platforms to remove the content. For social media revenge porn, this tool is particularly effective on platforms like Instagram, Twitter, and Facebook.

The best legal strategy often blends both state and federal tools — one for punishing the offender, the other for forcing platforms to act quickly.

In Maine, Filing Requirements Are More Restrictive Than in New York

Victim protections vary widely across the country. Maine, for example, criminalizes non-consensual image sharing but offers limited civil remedies. Victims there face stricter proof standards for emotional distress, and courts are slower to issue injunctions for removal.

New York, on the other hand, provides:

• Civil lawsuits under Civil Rights Law §§ 50 and 51 for damages and removal.
• Swift injunctive relief forcing platforms or individuals to delete content.
• Broader recognition of emotional harm without requiring a medical diagnosis.

If your case has ties to both states, say, the material was uploaded in Maine but affected your reputation in New York, we push to file here. New York’s broader remedies give victims a stronger chance at meaningful relief.

What to Expect After Filing Your Claim

Filing the complaint is only the beginning. Once it’s in the court system, your case will move through a series of stages.

1. Discovery. Both sides exchange evidence. In adult website revenge porn cases, this often means subpoenas to hosting services or search engines. Discovery can feel invasive but is where the facts of the case take shape.
2. Motions. The defense may argue the content doesn’t qualify as “intimate” under the law. Increasingly, New York judges reject these narrow defenses, recognizing the deep harm caused. Strong documentation keeps your case alive at this stage.
3. Settlement. Many defendants choose to settle rather than risk trial. Settlements can include damages and agreements never to repost content. For victims, this can provide closure and control faster than a trial.
4. Trial. If settlement isn’t possible, your case is heard before a judge or jury. This stage is demanding, but it also validates your harm in a very public way. Courts may order damages, permanent injunctions, and sometimes punitive awards.

Each stage can be daunting, but knowing what’s coming helps you prepare emotionally as well as legally.

Mistakes That Can Delay Your Case

Even strong cases can be weakened by avoidable errors. These missteps don’t just slow things down, they can limit your recovery or give the defense leverage.

• Deleting content before saving it. It’s natural to want the material gone immediately, but courts require proof. Once deleted, key evidence may never be recoverable. The better path is to preserve securely, then pursue removal with legal help.
• Confronting the offender directly. While tempting, this can backfire. Offenders may delete evidence, escalate threats, or paint you as the aggressor. Courts tend to view direct confrontation as complicating the timeline.
• Posting about the case on social media. Sharing your story online can feel empowering, but it may be used against you. Defense attorneys may argue you “publicized” the issue yourself. This is especially risky in workplace-related cases.
• Delaying action. Waiting too long risks losing key digital records. Platforms purge data quickly, and the longer you wait, the harder it is to trace uploads or accounts. Prompt filing helps preserve the trail.

Avoiding these pitfalls keeps your case focused and gives your attorney the strongest foundation to work from.

Horn Wright, LLP, Guides Victims Through the Filing Process

Filing a revenge porn lawsuit is not only about paperwork, it’s about justice, recognition, and reclaiming your future. The process can feel overwhelming, but with skilled guidance, it becomes manageable and purposeful. Our sexual abuse attorneys bring experience, urgency, and compassion to every step, ensuring nothing falls through the cracks.

At Horn Wright, LLP, we’ve represented victims in cases involving workplace retaliation, blackmail threats, adult website postings, and social media exposure. Each case carries its own challenges, but we use proven strategies to force accountability and maximize relief. If you’re ready to hire one of the best law firms in America, we’ll stand beside you through the filing process, building a case that reflects the full weight of what you’ve endured.