What Evidence Is Required in a Revenge Porn Lawsuit?

Building a Strong Case Starts With Evidence

When private images are shared online, the emotional toll is immediate. But in the courtroom, feelings alone won’t carry the day. Judges and juries rely on something concrete: evidence. It’s not always easy to gather, especially when you’re already dealing with shock and humiliation, but the strength of your case depends on it.

Evidence can take many forms. Some of it is digital, hidden in files or platform logs. Some comes from witnesses who saw the content online. And some comes from experts who explain technical details in plain English. Our sexual abuse attorneys at Horn Wright, LLP, often remind clients that every piece of evidence matters, no matter how small it seems at first glance. What feels like a single screenshot or text message may end up being the key that proves your case.

Digital Records and Metadata

Digital footprints are powerful because they rarely lie. Every upload leaves behind technical information: a timestamp, an IP address, sometimes even the device used. Together, this data is called metadata. It doesn’t just show that an image exists, it shows how it got there.

In one New York case, metadata tied a series of uploads on an adult website back to a defendant’s home computer. There was no way to explain it away. That kind of evidence can be the difference between suspicion and certainty. Federal laws like the Stored Communications Act let attorneys subpoena platforms for this data, and New York courts frequently admit it as reliable proof. When survivors can connect digital breadcrumbs to a specific person, the case becomes much harder to deny.

Screenshots, Witnesses, and Expert Testimony

Screenshots are often the first thing victims think to save, and for good reason. A clear image of the post, complete with username, URL, and date, shows the court what words alone cannot. But screenshots are even stronger when paired with other forms of proof.

Witnesses add another layer. Maybe a coworker saw the content on social media. Maybe a friend received it directly in a group chat. Their testimony helps confirm the content was real and that it caused harm in the community around you.

Then there are experts. Digital forensic specialists can verify whether a screenshot is authentic, explain how files were uploaded, and translate confusing technical terms into something a judge understands. Without them, evidence can be dismissed as “uncertain.” With them, it becomes credible and persuasive.

Why Chain of Custody Matters in Court

Having evidence is one thing. Convincing a court that it’s reliable is another. That’s where chain of custody comes in. Courts want to know that evidence has been preserved exactly as it was found, not edited, not altered, not casually passed around.

Think of it like a timeline. From the moment you capture a screenshot or download a file, you should be able to explain where it’s been, how it was stored, and who has had access. If that chain is broken, defense attorneys may argue the material can’t be trusted. In New York, maintaining chain of custody is crucial. It shows the judge that your evidence is not only compelling but also handled responsibly.

Vermont Courts Place Stricter Burdens of Proof Than New York

Not all courts treat evidence the same way. In Vermont, for example, the standards in civil revenge porn cases are tougher. Victims often need more corroboration, and digital records face stricter scrutiny before being admitted. Emotional distress damages also require stronger documentation.

New York takes a more victim-focused approach. Under Civil Rights Law §§ 50 and 51 and Penal Law § 245.15, judges accept a wider range of evidence, from screenshots to witness statements, and they move quickly to issue injunctions for removal. For victims, this means you don’t need a perfect digital record to move forward. Courts are willing to look at the bigger picture.

How to Preserve Evidence Safely

Collecting evidence is hard enough emotionally. Preserving it adds another challenge. Victims often worry about accidentally exposing themselves further or losing files. That’s why having a plan matters.

• Keep backups in secure places. Store files in encrypted cloud systems and on an external hard drive. That way, even if one source fails, the evidence isn’t gone forever. Losing digital records can be devastating to a case.
• Label clearly but protectively. Courts want organized files, but you don’t need triggering labels. Use dates or neutral codes. This makes evidence easy to reference without adding emotional strain.
• Don’t circulate casually. It might feel natural to share proof with friends for validation, but every handoff risks weakening chain of custody. The safer path is keeping evidence between you and your lawyer, where it’s stored in secure databases.

These steps sound simple, but in the stress of the moment, many survivors forget them. That’s why having guidance early matters, it keeps your case on track.

Evidence That Often Wins Cases for Victims

Every case is different, but certain forms of evidence consistently make the strongest impact.

• Screenshots paired with metadata. Alone, a screenshot can be questioned. Paired with metadata showing upload times and IP addresses, it becomes much harder to dispute. Together, they form a clear timeline of what happened.
• Threatening messages. In blackmail revenge porn cases, texts or emails demanding money or obedience in exchange for silence are devastating proof. They show intent as well as harm, which courts treat seriously.
• Testimony plus expert confirmation. A witness saying, “I saw the post on Twitter,” combined with an expert confirming the screenshot’s authenticity, creates a persuasive chain of evidence. Judges and juries often find this combination convincing.

These kinds of proof not only demonstrate the act of sharing but also highlight the malicious intent behind it, leading to stronger outcomes for victims.

Horn Wright, LLP, Helps Victims Gather the Evidence Needed

No one should have to dig through files or decipher technical data while dealing with the trauma of exposure. That’s our job. Our sexual abuse attorneys at Horn Wright, LLP, work with survivors to collect, protect, and present the evidence courts require. We know how to obtain platform records, how to preserve chain of custody, and how to present proof so that it carries real weight.

We’ve helped clients in cases involving social media exposure, adult site postings, blackmail threats, and workplace distribution. In every situation, evidence turned the tide. We’ll make sure your proof isn’t just preserved, it’s used effectively to demand justice.