Image-Based Sexual Abuse
Pursuing Justice with Gilde Law Firm
At Gilde Law Firm, we stand unwaveringly in our dedication to representing victims of Image-Based Sexual Abuse (“IBSA”) (sometimes incorrectly termed “Revenge Porn”). Our mission is to champion their rights and ensure that perpetrators are held accountable for their actions. We accomplish that mission by making demand that the Defendant turn over all visual intimate materials, cease and desist any and all publication, and pay money damages for mental anguish; and if the Defendant refuses, he/she gets sued, which lawsuit and inevitable judgment is not dischargeable in bankruptcy.
On this page, we discuss the following:
I. Types of Cases Gilde Law Firm Accepts & Call to Action
II. General Information About Image-Based Sexual Abuse (“IBSA”)
III. Texas Law’s Handling Of Image-Based Sexual Abuse (“IBSA”) – An Example
IV. Damages Tied To Image-Based Sexual Abuse (“IBSA”)
V. Exemplary/Punitive Damages & Malice’s Non-Dischargeable in Bankruptcy
VI. Gilde Law Firm’s $1.2 Billion Verdict “Shakes The Internet” – Heard Worldwide
I. TYPES OF CASES GILDE LAW FIRM ACCEPTS & CALL TO ACTION
A. Case Criteria
While IBSA conduct is inexcusable and the victims are many, Gilde Law Firm has to be selective in the cases it accepts. If you or some you know has been the victim of IBSA, did not consent to the taking and publication of intimate visual materials to others, suffered harm, and the defendant has the ability to pay a demand or judgment, then Gilde Law Firm may be able to help. Gilde Law Firm represents individuals and groups of individuals against high-net-worth individuals and companies that perpetrate or permit IBSA. Contact us now to see if your potential case qualifies.
B. Gilde Law Firm: Leading the Charge
As frontrunners in this legal crusade, our achievements speak for themselves. We’ve secured the most substantial verdict related to Image-Based Sexual Abuse in the nation – over 100 times larger than any other law firm. Choosing our team means choosing tenacious advocates who will fight relentlessly on your behalf.
C. Reach Out to Us Now
If you, or someone you know, is a victim of Image-Based Sexual Abuse, don’t hesitate to reach out. Entrust us, the firm with the most significant verdict in this area, to champion your cause. Together, we can amplify the message against Image-Based Sexual Abuse.
D. Warning to Would-be IBSA Perpetrators
Publishing intimate visual materials online, without consent, and with an intent to harm is illegal. Once on the internet, it is likely there – in the public – forever. IBSA perpetrators know this. What they may not know is that lawsuits and trials are public. If a perpetrator commit IBSA against a victim, a lawsuit is brought against that IBSA perpetrator, and/or a judgment is found against that IBSA perpetrator, it may stay with that person for the rest of their life.
II. GENERAL INFORMATION ABOUT IMAGE-BASED SEXUAL ABUSE (“IBSA”)
A. What is Image-Based Sexual Abuse?
Image-Based Sexual Abuse, sometimes inaccurately termed ‘Revenge Porn,’ is the unauthorized distribution or sharing of intimate images. This reprehensible act can lead to considerable emotional and psychological trauma for its victims. Drawing from a myriad of sources^1,2,3^, our team comprehends the profound implications of these acts and is fully committed to guiding victims through their legal journey.
B. Image-Based Sexual Abuse vs. Revenge Porn
There’s a crucial distinction to be made between these terms. Image-Based Sexual Abuse is an umbrella term that includes not only acts done for “revenge” but also covert photography, upskirting, and threats to disclose intimate images. Revenge Porn, by contrast, is primarily the sharing of intimate images with malicious intent.
C. Prevalence and Consequences of the Problem
- A recent survey of a national sample of adults revealed that approximately 10 percent of ex-partners have threatened to post sexually explicit photos online and about 60 percent of those threats became reality (McAfee, 2013). See https://www.apa.org/monitor/2014/01/jn
- According to the Center for Innovative Public Health Research one in 25 online Americans has been threatened with or had explicit images shared online without the subject’s consent. See https://utahjustice.com/revenge-porn-laws
- The harms from revenge porn are unique to each victim and can be severe. By the time a victim discovers the content, it has likely been shared by countless other individuals. Besides the obvious embarrassment, victims report suffering significant emotional distress, social impairment, and suicidal thoughts, while others have been driven to commit suicide. Victims also report being threatened with violence and being stalked or harassed by people who have viewed their nonconsensual porn online. Victims also report being fired from their job, expelled from their school, or being forced to change their names. See https://www.naag.org/attorney-general-journal/an-update-on-the-legal-landscape-of-revenge-porn/#footnote_20_21493
III. TEXAS LAW’S HANDLING OF IMAGE-BASED SEXUAL ABUSE (“IBSA”) – AN EXAMPLE
A. Introduction to Texas Legal Landscape
In Texas, laws intricately knit together both civil and criminal justice provisions. This interplay allows individuals to pursue justice from multiple angles, ensuring a comprehensive approach to redress.
B. Overlapping Provisions in Texas Civil and Criminal Law
I. Unlawful Disclosure Or Promotion Of Intimate Visual Material
- Civil: Tex. Civ. Prac. Rem. Code Ch. 98b
- Criminal: Tex. Pen. Code §21.16 and §21.19
These twin provisions protect individuals from the unauthorized sharing of intimate visual content. While the civil law empowers victims to claim damages, the criminal statute imposes criminal punishment on the culprits.
II. Computer-related Offenses
- Civil: Tex. Civ. Prac. Rem. Code Ch. 143 (Harmful Access By Computer)
- Criminal: Tex. Pen. Code §33.02 (Breach Of Computer Security) and §33.07 (Online Impersonation)
As we navigate an increasingly digital age, safeguarding against unauthorized electronic breaches becomes imperative. Both civil and criminal statutes serve to address this, with the former providing a remedy for victims and the latter meting out penalties for offenders.
C. Additional Civil Remedies and Causes of Action in Texas
I. Invasion Of Privacy By Intrusion. This provision offers protection against unwarranted breaches into private matters, be it eavesdropping or an unwelcome physical intrusion.
II. Invasion Of Privacy By Publication Of Private Facts. This provision safeguards individuals from the non-consensual disclosure of private details, allowing victims to seek damages for unauthorized disclosures.
III. Intentional Infliction of Emotional Distress (IIED). Often referred to as the “tort of outrage,” IIED provides a legal route for those who have suffered significant emotional distress due to extreme and outrageous conduct by others.
D. Demonstrative of Overlapping Provisions in Texas Civil and Criminal Law
E. Why Civil Litigation is Crucial
Civil litigation plays a multifaceted role—it not only provides victims a shot at justice and compensation but also sends a resounding message to potential offenders. By ensuring stringent legal repercussions, we inch closer to a society where Image-Based Sexual Abuse is staunchly discouraged.
IV. DAMAGES TIED TO IMAGE-BASED SEXUAL ABUSE (“IBSA”)
A. Damages Suffered by Revenge Porn Victims
The malicious act of IBSA or “revenge porn,” wherein explicit photos are shared without consent, leads to enduring repercussions for the victims. Diverse studies and organizations have illuminated the profound damages inflicted by this act, which damages include but are not limited to the following:
- Emotional and Psychological Damages. Victims often grapple with intense emotional distress, impaired social interactions, and even thoughts of self-harm or suicide.
- Social Repercussions. The widespread sharing of such content can damage a victim’s reputation, often leading to threats, stalking, and harassment.
- Professional and Academic Impact. Many victims report adverse effects on their careers and academic pursuits due to revenge porn incidents, with some even changing their identities to escape the backlash.
- Online Harassment and Stalking. Many victims recount incidents of online and offline teasing, harassment, and threats from individuals who viewed their explicit content.
- Financial Hardships. The financial toll can be hefty, with victims sometimes paying to prevent photo distribution or investing significant sums to remove images from the web.
- Long-Term Impacts. The ever-present threat of resurfacing content can cause extended periods of trauma and distress for victims.
- Resemblance to Other Traumas. The trauma from revenge porn mirrors the emotional toll suffered by victims of child pornography or sexual assault, marked by feelings of humiliation, powerlessness, and enduring mental health challenges. Public awareness is the key to countering this menace, and stronger legislation is vital to deter potential perpetrators and deliver justice to the victims.
B. Statistics Tied to IBSA-caused Damages
The statistics don’t lie. The below statistics identify the commonality and numerosity of damages suffered by victims of IBSA.
- 93% of victims said they have suffered significant emotional distress due to being a victim
- 82% said they suffered significant impairment in social, occupational, or other important areas of functioning due to being a victim
- 42% sought out psychological services due to being a victim
- 34% said that being a victim has jeopardized their relationships with family
- 38% said it has jeopardized their relationships with friends
- 13% said they have lost a significant other/partner due to being a victim
- 37% said they have been teased by others due to being a victim
- 49% said they have been harassed or stalked online by users that have seen their material
- 39% said they have been harassed or stalked outside of the Internet (in person, over the phone) by users that have seen the material online
- 40% fear the loss of a current or future partner once he or she becomes aware that this is in their past
- 54% fear the discovery of the material by their current and/or future children
- 25% have had to close down an email address and create a new one due to receiving harassing, abusive, and/or obscene messages
- 26% have had to create a new identity (or identities) for themselves online
- 9% have had to shut down their blog
- 26% have had to close their Facebook account
- 11% have had to close their Twitter account
- 8% have had to close their LinkedIn account
- 26% have had to avoid certain sites in order to keep from being harassed
- 54% have had difficulty focusing on work or at school due to being a victim
- 26% have had to take time off from work or take less credits in/a semester off from school due to being a victim
- 8% quit their job or dropped out of school
- 6% were fired from their job or kicked out of school
- 13% have had difficulty getting a job or getting into school
- 55% fear that the professional reputation they have built up could be tarnished even decades into the future
- 57% occasionally or often have fears about how this will affect their professional advancement
- 52% feel as though they are living with something to hide that they cannot acknowledge to a potential employer (such as through an interview).
- 3% have legally changed their name due to being a victim
- 42% haven’t changed their name, but have thought of it
- 42% have had to explain the situation to professional or academic supervisors, coworkers, or colleagues
- 51% have had suicidal thoughts due to being a victim
- 3% of victims have posted NCP of someone else
See https://www.cybercivilrights.org/wp-content/uploads/2016/11/NCP-2013-Study-Research-Results-1.pdf
C. Mental Anguish Damages: An Overview and Their Importance
Mental anguish is a term that encapsulates profound emotional distress experienced by an individual. As recognized by Texas law, mental anguish goes beyond mere feelings of worry, anxiety, vexation, embarrassment, or anger. It pertains to a high degree of mental pain and distress. Its nature, duration, and severity are of such magnitude that it results in a substantial disruption in the victim’s daily routine.
One of the primary reasons mental anguish damages are crucial in the legal landscape is because they provide a way to monetarily compensate a victim for intangible harm. While physical injuries might heal over time, the emotional scars that result from traumatic experiences can persist, often overshadowing every facet of a victim’s life. The adverse impacts of such emotional distress can manifest in numerous ways, including sleep disturbances, recurring thoughts, and severe emotional reactions.
In the realm of Texas law, the bar set for claiming damages for mental anguish is high. It’s not sufficient to merely assert mental pain or distress. A plaintiff, to successfully claim these damages, must provide concrete evidence showcasing the nature, severity, and duration of their mental anguish. This evidence should clearly demonstrate a significant disruption in the injured party’s daily activities. A seminal case that elucidates this is Parkway Co. v. Woodruff, 901 S.W.2d 434 (Tex.1995). In this case, the Texas Supreme Court held that a plaintiff must introduce into evidence “direct evidence of the nature, duration, and severity of their mental anguish, thus establishing a substantial disruption.”
This rigorous standard underscores the significance of mental anguish damages and reflects the intent to ensure that claims are genuine and adequately substantiated. For victims of Image-Based Sexual Abuse, the emotional repercussions can be harrowing. The availability of mental anguish damages serves as an avenue for them to seek redress for the deep psychological pain they endure, which often exceeds the torment of physical harm.
V. EXEMPLARY/PUNITIVE DAMAGES & MALICE’S NON-DISCHARGEABLE IN BANKRUPTCY
A. Exemplary Damages: A Necessary Remedy in Image-Based Sexual Abuse Cases
In the legal sphere, damages are primarily designed to compensate victims for the harm they’ve endured, whether physically, emotionally, or economically. However, there are specific situations where the misconduct of the defendant is so egregious that mere compensation isn’t deemed adequate. Enter exemplary damages.
Defined under the Tex. Civ. Prac. Rem. Code § 41.001(5), “exemplary damages” are awarded not for compensatory reasons, but as a penalty or by way of punishment. Contrary to economic or non-economic damages, which seek to make the victim whole, exemplary damages serve a dual purpose: to punish the wrongdoer for their egregious conduct and to deter them and others from committing similar acts in the future. Notably, “exemplary damages” encompass what many commonly refer to as punitive damages.
When examining the realm of Image-Based Sexual Abuse, the need for exemplary damages becomes even more pronounced. This malicious act is not just a violation of privacy but a deliberate intent to cause profound distress and harm to the victim. The term “malice” encapsulates this intent. As specified in Tex. Civ. Prac. Rem. Code § 41.001(7), “malice” means a specific intent by the defendant to cause substantial injury or harm to the claimant.
Victims of Image-Based Sexual Abuse are subjected to immeasurable emotional and psychological trauma. The act is not accidental but is borne out of a defendant’s malice, making it particularly heinous. Exemplary damages in such cases are not just apt but imperative. They serve as a strong deterrent, sending a clear message about the severity of the crime and the dire consequences for those who choose to engage in such reprehensible acts. The inclusion of exemplary damages underscores society’s condemnation of such malevolent acts and affirms the commitment to safeguarding the rights and dignity of victims.
B. Defendants and Non-Dischargeable Judgments: Holding Malicious Acts Accountable
One of the robust protections available to victims of Image-Based Sexual Abuse arises from the realm of bankruptcy law. Often, defendants might believe that filing for bankruptcy can serve as a way out from bearing the financial responsibility of their malicious acts. However, the law stands firm in ensuring that victims of such egregious conduct are not deprived of their rightful compensation.
As stated in 11 U.S.C. § 523(a)(6) of the US Bankruptcy Code, civil judgments resulting from “willful and malicious injury” are not dischargeable in bankruptcy. This provision reinforces the principle that those who intentionally cause harm cannot escape their financial obligations merely by seeking the shelter of bankruptcy.
At Gilde Law Firm, we view this provision not just as a statute but as a testament to our commitment to justice. We’ve seen firsthand the destructive aftermath of malicious conduct and believe in holding perpetrators fully accountable for their actions. By ensuring that defendants cannot discharge judgments arising from their malicious acts, we not only secure the compensation that victims rightfully deserve but also send a powerful message about the consequences of such reprehensible conduct.
To this end, we’ve bankrupted both companies and individuals who thought they could evade their responsibilities. And we remain resolute in our stance: if you engage in malicious acts and harm others, we are not afraid to ensure you face the full financial repercussions of your actions.
VI. GILDE LAW FIRM’S $1.2 BILLION VERDICT “SHAKES THE INTERNET” – HEARD WORLDWIDE
In a trial on August 9, 2023, Gilde Law Firm’s founder, Bradford J. Gilde, asked the jury in closing arguments to “shake the internet” with their verdict in an IBSA case against a local Houstonian. The jury did just that and returned a verdict larger than Mr. Gilde asked for – $200 million more. And, the result? Their verdict, a statement to deter would-be IBSA perpetrators throughout the world, accomplished the end sought by Mr. Gilde. The verdict reached throughout the United States, in Europe (UK, France, Germany, Italy, etc.), New Zealand, and China. Some of the publications are seen below:
Aug 15, 2023 bostonglobe.com NATION Amanda Holpuch New York Times
Aug 15, 2023 The New York Times US Amanda Holpuch
Aug 15, 2023 MailOnline NEWS; Version:1 Joe Hutchison For Dailymail.Com
Aug 17, 2023 States News Service States News Service
Aug 11, 2023 MENAFN – Press Releases (English)
Aug 13, 2023 San Antonio Express-News Online Sye Bennefield Jr
Aug 12, 2023 Houston Chronicle Online HOUSTON NEWS Renee Yan
Aug 11, 2023 PR Newswire
Aug 17, 2023 Plain Dealer, The: Web Edition Articles (Cleveland, Ohio) NEWS Zach Mentz cleveland.com
Aug 17, 2023 The Daily Telegraph (London) NEWS; Pg. 12 Susie Coen
Aug 17, 2023 The Daily Telegraph (London) NEWS; Pg. 12 Susie Coen
Aug 16, 2023 National World NEWSWORLD
Aug 11, 2023 Law360 Legal News – Corporate CYBERSECURITY & PRIVACY, MEDIA & ENTERTAINMENT, PERSONAL INJURY & MEDICAL MALPRACTICE, TEXAS, TRIALS Tom Lotshaw
Aug 15, 2023 WebNews – English Bill Galluccio
Aug 16, 2023 telegraph.co.uk WORLD NEWS; Version:2 By Susie Coen, US Correspondent
Aug 11, 2023 Newsbank – Michigan News Sources TEXAS FOX 26 Digital
Aug 16, 2023 WebNews – English
Aug 15, 2023 The Guardian (London) US NEWS; Version:1 Lauren Aratani
Aug 17, 2023 Newsbank – New Hampshire News Sources B; Pg. 012 Daniel Wu
Aug 17, 2023 The Union Leader (Manchester, NH) B; Pg. 012 By Daniel Wu
Aug 15, 2023 DFA The Washington Post
Aug 12, 2023 WebNews – English
Aug 14, 2023 Insider
Aug 11, 2023 WebNews – English
Aug 16, 2023 WebNews – English Ryan Nickerson
Aug 16, 2023 CE Noticias Financieras English
Aug 16, 2023 CE Noticias Financieras English
Aug 14, 2023 The Independent (United Kingdom) US CRIME NEWS,AMERICAS,WORLD; Version:1 Andrea Blanco
Aug 17, 2023 Newstex Blogs Wayne Dupree Editor
Aug 15, 2023 mirror.co.uk US NEWS; Version:2 By, Abigail O’Leary
Aug 17, 2023 The Telegraph (India) Amanda Holpuch
Aug 12, 2023 WebNews – English
Aug 16, 2023 WebNews – English Kylie Cheung
Aug 16, 2023 WebNews – English
Aug 16, 2023 WebNews – English
Aug 17, 2023 The Times of India (TOI) US
Aug 12, 2023 WebNews – English
Aug 15, 2023 WebNews – English Kathryn Mannie
Aug 16, 2023 WebNews – English Isabel Keane
Aug 11, 2023 WebNews – English
Aug 11, 2023 WebNews – English
Aug 11, 2023 WebNews – English
Aug 11, 2023 WebNews – English
Aug 11, 2023 WebNews – English
Aug 16, 2023 WebNews – English Pocharapon Neammanee
Aug 15, 2023 WebNews – English Nadine Yousif
Aug 18, 2023 WebNews – English
Aug 16, 2023 WebNews – English Pocharapon Neammanee
Aug 12, 2023 WebNews – English Tom Lotshaw
Aug 14, 2023 WebNews – English Joshua Zitser
Aug 15, 2023 TVEyes – BBC Radio 4 U.K. NATIONAL RADIO
Aug 15, 2023 WebNews – English Daniel Wu
Aug 16, 2023 WebNews – English
Aug 15, 2023 TVEyes – BBC Radio 2 U.K. NATIONAL RADIO
Aug 16, 2023 WebNews – English
Aug 17, 2023 WebNews – English Amanda Holpuch
Aug 15, 2023 TVEyes – BBC Radio 5 Live U.K. NATIONAL RADIO
Aug 17, 2023 The New York Post All Editions; Pg. 22 Isabel Keane
Aug 15, 2023 The New York Times BRIEFING Matthew Cullen
Aug 16, 2023 NBCNEWS.com Julianne McShane
Aug 16, 2023 Newstex Blogs Curt Cutting
Aug 14, 2023 WebNews – English
Aug 16, 2023 ANSA Notiziario Generale in Italiano Politica – Estero
Aug 16, 2023 SDA – Servizio di base in Italiano
Aug 17, 2023 Corriere della Sera (Italy) ESTERI; Pag. 13 Monica Ricci Sargentini
Aug 16, 2023 WebNews – French
Aug 15, 2023 Webnews – Romanian Valentin TUDOR
Aug 15, 2023 Webnews – Romanian Valentin TUDOR
Aug 17, 2023 WebNews – English
Aug 18, 2023 The New Zealand Herald WORLD; Pg. A012
Aug 15, 2023 Webnews – Romanian George-Andrei Cristescu
Aug 15, 2023 Webnews – Romanian George-Andrei Cristescu
Aug 16, 2023 WebNews – French
Aug 17, 2023 WebNews – Italian
Aug 18, 2023 Rotorua Daily Post WORLD; Pg. A013
Aug 18, 2023 Whanganui Chronicle (New Zealand) WORLD; Pg. A013
Aug 18, 2023 Hawke’s Bay Today WORLD; Pg. A022
Aug 18, 2023 Bay of Plenty Times (New Zealand) WORLD; Pg. A014
Aug 18, 2023 Northern Advocate (New Zealand) WORLD; Pg. A013
Aug 16, 2023 WebNews – Italian
Aug 16, 2023 Webnews – Romanian Daniel Contescu
Aug 17, 2023 WebNews – German Tristan Fiedler
Aug 16, 2023 WebNews – German Stefan Krempl
Aug 16, 2023 WebNews – German
Aug 17, 2023 WebNews – Chinese