When people hear about revenge porn, their thoughts and sympathies generally go towards the person in the photos. But what about the person accused of distributing revenge porn?
If you are falsely accused of revenge porn, it can be just as distressing as being the subject of the act. These accusations can leave lasting effects on your mental health, reputation and employment opportunities. Thankfully, there are ways to fight false allegations in court.
Is the subject of the photo recognizable?
If you and your legal representative can prove that the person in the photos or videos is not identifiable, you may have a defense. It is also possible that no recognizable characteristics in the images indicate the person’s identity to anyone who sees the photos. These include:
- Their face
- Their personal information
- A birthmark
- An object connected to the person
Does the photo show intimate parts?
Another factor to look into and potentially disprove is whether the photos or videos in question show intimate parts. In Minnesota revenge porn laws, intimate parts are:
- Genitals
- Pubic area
- Anus
- Partially or fully exposed nipples for women
State revenge porn laws apply to both nude and partially nude images. However, some photos may not show intimate parts despite their lewd nature.
Did the photo cause emotional distress?
In revenge porn cases, prosecutors need to prove that the spreading of the explicit photos caused emotional distress. Showing proof that the person in the pictures does not show signs of emotional distress may help strengthen your defense. Looking at the accuser’s social media posts and talking to people who know them may help you gather the needed evidence.
Beat false accusations with evidence
In cases like these, people often think of the defendants as guilty until proven innocent. It can cause damage to reputation that is hard to overcome. Evidence is key to defending yourself against false accusations of revenge porn. Consulting a legal professional can help you understand how to best approach the case and gather the evidence to fight the allegations.