The ongoing trial of Sean “Diddy” Combs has brought renewed attention to the serious issue of nonconsensual intimate image sharing. In recent testimony, singer Casandra “Cassie” Ventura described how Combs allegedly used recordings of intimate encounters as tools of control, threatening to release them if she didn’t comply with his demands.
This high-profile case highlights why New York State enacted powerful legal protections in 2019 for victims of nonconsensual intimate image sharing (sometimes called “revenge porn”). This law gives individuals whose private intimate images are shared without consent – or who face threats of such sharing – the right to take legal action against perpetrators
What Does the Law Protect Against?
New York’s law provides protection against the unauthorized sharing of intimate images. It allows individuals to take legal action when someone shares or publishes their private intimate images without permission. The law applies when the person in the image reasonably expected it to remain private, the image shows intimate body parts or sexual activity, and the person sharing it did so to harass, annoy, or alarm the victim. This legal protection aims to address the serious issue of “revenge porn” and give victims a way to seek justice when their privacy has been violated in this manner.
Important Features of the Law
The law has several key features that make it particularly effective in protecting victims. It gives people up to three years after an image is shared, or one year after they find out about it, to take legal action. Importantly, victims don’t need to file a criminal complaint or have the person convicted before they can sue. The law also allows New York courts to have authority over websites that show these images to people in New York. This means victims can ask the court to order websites to permanently take down the images. These provisions help ensure that victims have time to come forward, can seek justice directly, and have a way to get the harmful content removed from the internet.
Sexual Harassment at Work
When nonconsensual intimate image sharing happens at work or involves an employer, there are additional laws to protect employees. Under New York State law, this behavior could be considered sexual harassment, which is illegal in the workplace. Sexual harassment can occur in two main ways. The first is known as quid-pro-quo sexual harassment: when someone is pressured to accept unwanted sexual behavior in exchange for job-related benefits or to avoid negative consequences at work. The second is known as a hostile work enviroment: when unwanted sexual behavior creates an uncomfortable, intimidating, or offensive work environment that makes it difficult for an employee to do their job. These protections are in addition to the law against nonconsensual image sharing, giving employees more ways to seek help and justice if they face this problem at work.
Trafficking and Forced Labor
In severe cases, the use of intimate images for coercion or exploitation may implicate anti-trafficking and forced labor statutes. These laws provide additional avenues for legal recourse and protection for victims subjected to extreme forms of exploitation or coercion through the use of intimate images.
For instance, under the federal Trafficking Victims Protection Act (TVPA) and New York State law, if intimate images are used as a means of coercion to compel an individual’s labor, this could potentially fall under the purview of federal trafficking laws.
In cases where intimate images are used as part of such a scheme, victims may have recourse under these trafficking laws in addition to the nonconsensual image sharing statute.
Seeking Legal Help for Workplace-Related Nonconsensual Image Sharing
Given the complexity of these situations and the potential overlap of multiple areas of law, victims of workplace-related nonconsensual intimate image sharing should consider consulting with an employment law attorney. Such legal professionals can help explore all available legal remedies, which may extend beyond those provided by the nonconsensual image sharing law alone. This comprehensive approach ensures that victims can pursue justice through all applicable legal channels.
The Attorney General of New York also reminds New Yorkers who believe they have been a victim of nonconsensual intimate image sharing can report this crime to the police or can contact service organizations that provide assistance to survivors of violence or who have been threatened by intimate partners.
