As Millennials become increasingly tech-reliant in all facets of life — including relationships — some are facing unfortunate consequences.
Three out of four college students will be in a long-distance relationship at some point before graduation, according to a study in the Journal of Communication. Sending nude photos to a partner may be one way to maintain the passion.
In fact, a 2011 University of Rhode Island study found that 56% percent of students had received “sexually suggestive images.”
But what happens when a relationship dissolves and a heartbroken ex has a library of nude photos of their former partner?
For some, the answer is “revenge porn,” or posting someone’s sexually explicit image online without their consent.
The action is legal in 48 states — excluding New Jersey and recently, California — and protected under one’s First Amendment rights.
Holly Jacobs, a revenge-porn victim and founder of EndRevengePorn.com, says that this issue uniquely affects Gen Y.
“I would venture to say that most victims that contact me are of the college age,” says Jacobs, who found herself on a revenge porn site as a grad student at Florida International University in 2009. “It’s the Millennials who have grown up with technology and have integrated it into their lives.”
On Tuesday, the governor of California approved the criminalization of revenge porn. “Distributing private images with the intent to harass or annoy” may be punished by up to six months in jail or a $1,000 fine on a first offense.
However, the statute does not protect victims who took the photos themselves, a group that makes up 80% of revenge porn victims according to a survey by the Cyber Civil Rights Initiative. The law applies only to images that were captured by someone without knowledge or consent of the victim.
Former revenge porn mogul Hunter Moore told tech publication The Register that he doesn’t think the government can stand in the way of websites like the one he started in 2010 — the now-defunct IsAnyoneUp.com.
“This doesn’t stop anything. If you read the bill it is just for peeping toms, not for selfies, which is all revenge porn really is,” he told the Register. “These stupid old white people are even more stupid to think they can stop it … It will just make revenge porn bigger by driving traffic, because people are talking about it.”
Moore added that the Communications Decency Act of 1996 is still in place, a law that protects owners of interactive websites from responsibility for content their users post.
As a victim, Jacobs points out that the California law also specifies a motive — emotional distress of the victim — that can be difficult to prove in court.
“Sometimes people post [revenge porn] to gain acceptance or notoriety on the internet, or even just to make money,” she says, explaining that a victim who initially consented to being photographed would have to prove she was emotionally distressed to win her case.
Gene Policinski, senior vice president of the First Amendment Center, says that civil lawsuits are one option for victims, although they can cause embarrassment and financial burdens.
He added that while California’s recent legislation indicates that the law is catching up with technological advances, lawmakers should be careful not to trample on First Amendment rights.
“Citizens have a right to be concerned anytime a government moves to restrain or punish speech, even if it’s repugnant,” he says. “What may be repugnant to one may not be to another.”
Meeghan Falls, a former Lamar University student, would not have been protected under a law like California’s.
Within a two-year relationship, Falls says she sent countless sexually explicit photos to her boyfriend at the time, a fellow Lamar student.
“After a year and half, you think, ‘I’m going to be with this guy forever,'” says Falls, now 21. “I didn’t have any problems sending these kinds of photos to him.”
The couple eventually split, and about two months later, Falls says she received a Facebook message from a stranger informing her that her photos and other identifying information were on a revenge porn site.
“My stomach dropped. I started shaking. I started crying immediately,” she says. “I felt like the whole world had seen me naked.”
Falls says she is currently in a civil lawsuit against her ex that includes three other women whose images he distributed on revenge porn sites.
Jacobs says that in a world where technology and sexuality overlap so heavily, she rejects the notion that preventing revenge porn means abstaining from taking sexual images.
“When people say that, it’s absolutely another version of blaming the victim. It’s the same thing as someone telling someone who’s been physically raped that they shouldn’t have been wearing that skirt,” she says, adding that she hopes to see further state and federal legislation.
Falls says telling her story is difficult, but she hopes it can prevent her experience from happening to someone else.
“I trusted this man … foolishly, but I trusted this man to keep [the photos] private, confidential,” she says. “As long as we can stop other girls from doing this and having this done to them, as long as something positive can come out of this, it would be just wonderful.”
Falls, who is now engaged to be married, says the betrayal she experienced hasn’t made her cynical.
“I don’t want people to think that they shouldn’t trust anyone, but just be careful who you do trust,” she says. “Make sure they’re worthy of it.”
Millennials deal with consequences of ‘revenge porn’ – USA TODAY
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