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Denver Revenge Porn Law Attorney

If you’ve been a victim of revenge porn, under Colorado’s revenge porn law you might be entitled to a cash settlement up to  $10,000.00, if not more.

Revenge porn is still a big problem in Colorado and the country.  According to a 2016 study, nearly 1 in 25 Americans has either been threatened with or victimized by revenge porn.

As a Denver Personal Injury Attorney, my job is to hold people that exploit my clients responsible for their actions.  Luckily for my clients, Colorado law has made it somewhat easy for a Denver personal injury lawyer to pursue a revenge porn lawsuit on behalf of his/her client.

You Don’t Have to be a Victim Anymore.

Whenever someone has betrayed your trust and violated your privacy, it is one of the most embarrassing and undignified experiences you will probably ever go through.  Thanks to Colorado law, you’re no longer the victim.  Now, you can do something about it.  Under Colorado law, if you successfully sue the person who posted the revenge porn, you may be entitled to up to $10,000.00 OR MORE if your lawsuit succeeds.

Denver personal injury lawyers Jeffry Dougan and Malissa Williams are here to ensure that not only you get your privacy and dignity back, but that the person who preyed on your trust pays.

What is revenge porn?

As of April 2019, Colorado drastically expanded what constitutes “revenge porn.” Colorado law now says:

  1. If a person posts an “intimate image,” meaning a photograph, film, video recording, or other similar medium showing:
    1. Another person’s uncovered genitals, pubic area, anus, or female postpubescent nipple;
    2. OR showing another person engaging in or being subjected to sexual conduct;
  2. AND the person depicted suffers harm from the poster’s intentional disclosure OR threatened disclosure of an intimate image that was private, without the depicted individual’s consent, then
  3. The person depicted has a civil revenge porn case against the person who posted the image so long as:
  4. The poster knew or acted with reckless disregard for whether:
    1. The depicted individual did not consent to the disclosure;
    2. The intimate image was private; and
    3. The depicted individual was identifiable.

Slut-shaming Not Allowed

Many times, defendants in these cases will try to “slut-shame” our clients by making the argument that (s)he consented to the video and “should have known better,” or they’ll ask – with a straight face – “(s)he allowed me to show it to my friend that one time, so how can (s)he bring suit now?”

The fact that the person depicted consented to the creation of the intimate image, OR that (s)he previously allowed its disclosure does not establish, by itself, that the depicted individual consented to the disclosure of the intimate image, or that the depicted individual lacked a reasonable expectation of privacy.

How much is your revenge porn case worth?

If your Denver personal injury attorney is able to prove the case, then the plaintiff can win significant damages, punitive damages, attorney fees, and costs.

The law used to allow for no less than $10,000.00 in damages, but now the law allows the greater of actual damages or “statutory” damages up to $10,000.00.

Like always, however, it is your burden to prove the damages you’ve suffered as a result of being a revenge porn victim, which is why it’s good to hire an attorney specializing in revenge porn.

You can’t sue Facebook or Google under Colorado’s revenge porn law.

Interestingly, Colorado law expressly rules out lawsuits against providers of “interactive computer services,” “information services,” or “telecommunications services.” This essentially means you can’t sue Facebook or Instagram – at least under Colorado law for now.

Colorado does not tolerate revenge porn.

Revenge porn posters beware: the State Legislature has sent a very loud and clear message that Colorado does not tolerate revenge porn and that, if you are caught posting it, you will face serious civil liability (and criminal charges if the plaintiff decides to report it to the authorities).

If you or a loved one has been victimized by revenge porn, contact Denver personal injury lawyer Jeffry Dougan and set up your FREE case evaluation today. Take back your dignity.

See also: Facebook Has Banned Revenge Porn

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