Statute of Limitations for Revenge Porn Lawsuits

Missing the Deadline Can End Your Case Before It Begins

The law doesn’t wait forever. That’s one of the hardest truths survivors face. You can have screenshots, witnesses, and clear proof of humiliation, but if the deadline has passed, the court might not even hear you out. The statute of limitations is the legal stopwatch. Once it runs down, filing becomes nearly impossible.

This isn’t meant to scare survivors into panic, but to stress reality. Deadlines in revenge porn cases are short. They’re unforgiving. And unless action is taken quickly, even the strongest claims risk being dismissed before they begin. At Horn Wright, LLP, our sexual abuse attorneys know how to measure those deadlines to the day, making sure survivors never lose their case to the clock.

Filing Timelines in New York Civil and Criminal Courts

In New York, the filing timeline changes depending on the kind of case you bring.

Civil cases, lawsuits for damages, often use Civil Rights Law §§ 50 and 51. These allow survivors to sue for misuse of their image, but the statute of limitations is tight: one year in many instances. If defamation claims are also involved, the window can be similarly short. Other tort claims, like intentional infliction of emotional distress, may open slightly longer timelines, but every claim has its own clock.

Criminal charges follow a different path. Under Penal Law § 245.15, the unlawful dissemination of intimate images is a misdemeanor. Prosecutors generally have two years to bring charges. If the conduct rises to felony level, the window can stretch further. Victims don’t file these cases themselves, but their willingness to report early gives prosecutors the ability to act before the deadline closes.

The split between civil and criminal timelines confuses many survivors. The bottom line: you need to know both.

How to Determine When the Clock Starts

One of the trickiest parts is figuring out when the countdown began. Some survivors find out about images right away. Others don’t discover them until years later. Does the clock start at the first upload, or at discovery? Courts look at the details.

• The discovery rule. In some cases, judges pause the clock until the victim reasonably could have known about the posting. A survivor stumbling upon content years later may still have a chance.
• Ongoing harm. If the offender keeps reposting, tagging, or sending the content, each act can refresh the timeline. This is especially common in social media revenge porn cases where images resurface repeatedly.
• Workplace context. In workplace revenge porn cases, the circulation among coworkers is often treated as continuing harassment. Courts sometimes view that as extending the statute.

These distinctions are critical. Survivors should never assume they’re out of time until a lawyer reviews the facts carefully.

Federal vs. State Time Limits for Victims

State law usually takes the lead in revenge porn claims, but federal law can also come into play. Certain claims under federal civil rights statutes or the Violence Against Women Act carry longer deadlines, sometimes up to four years. That makes them powerful tools in cases that cross state lines or involve platforms headquartered outside New York.

Still, federal cases bring complications. Jurisdiction is stricter, and filing in federal court often requires more resources. Most survivors will find New York state court the smoother path. But for victims of adult website revenge porn, where the material is hosted in other states or distributed across borders, federal timelines can keep options alive even after state deadlines run short.

Maine Has Shorter Statutes of Limitations Than New York

Survivors in Maine often face an even harsher reality. Civil deadlines there are tighter, particularly for emotional distress claims. Criminal statutes also give prosecutors less time to act on misdemeanor charges. That shorter leash makes it easier for offenders to run out the clock.

New York, on the other hand, gives survivors a better chance. Its statutes stretch longer, and courts interpret ongoing harm more broadly. That difference can mean everything. A case dismissed in Maine could still move forward in New York. Survivors tied to both states should be strategic about where they file.

Exceptions That May Extend Filing Deadlines

Deadlines are strict, but not absolute. Courts recognize certain exceptions.

• Victims under 18. New York law often tolls the statute until after the survivor turns 18. That way, children aren’t punished for not filing right away.
• Fraud and concealment. If an offender went out of their way to hide the abuse, creating fake accounts, masking uploads, judges sometimes pause the clock until discovery.
• Continuing threats. In blackmail revenge porn cases, ongoing extortion resets the clock. Each threat or repost creates a new act of harm.

These exceptions don’t apply automatically. Survivors and their attorneys must argue for them. But they can be lifesaving when the standard window has closed.

Why Acting Quickly Is the Best Strategy

Even with exceptions, delay is dangerous. Evidence disappears. Screenshots get lost. Memories fade. Social media accounts vanish, taking digital proof with them. Acting quickly protects both the legal claim and the evidence needed to prove it.

It also forces action. Employers, platforms, and offenders all respond differently once a lawyer is involved. Survivors of workplace revenge porn often see faster employer action when complaints are tied to pending legal claims. Acting promptly sends a clear message: this case isn’t going away quietly.

The law gives options, but time weakens them. Moving fast preserves rights and strengthens outcomes.

Horn Wright, LLP, Ensures Your Case Is Filed on Time

Statutes of limitations are unforgiving. They’ve closed the door on too many survivors who deserved to be heard. At Horn Wright, LLP, we treat deadlines as urgent from day one. We don’t let weeks or months slip by. We line up statutes, compare state and federal options, and file strategically to keep every avenue open.

Survivors already carry enough weight. They shouldn’t also carry the fear of missing a filing deadline. That’s our sexual abuse attorneys’ job: to keep the clock from running out while they focus on healing.

If you’re ready to work with a nationally recognized firm that makes timing a priority, Horn Wright, LLP, will ensure your case is filed on time and built to last.