Online dating – or even possession of an internet-connected device – leads to many people receiving unwanted messages or pictures. When these pictures include unsolicited nude photos and other sexual or abusive content that you did not consent to, you should be entitled to file a case against the person who sent you the images.
Texas law specifically criminalizes this act – and it is the first state to do so. However, filing criminal charges against the responsible party can be difficult if police refuse to believe what happened or do not acknowledge it as a problem. Even if the charges do go through, it might not do much to help you as the victim. Our Texas attorneys for victims of sexual cyber-harassment and flashing represent victims in civil lawsuits against harassers and abusers who send these kinds of pictures. We work to get compensation for the victims of this kind of sexual cyber-harassment and worse instances of abuse. For a free legal consultation on your case, call The Queenan Law Firm today at (817) 476-1797.
What Qualifies as Cyber Flashing or Digital Sexual Harassment in Texas?
Many people online are exposed to unwanted sexual images. When these images are sent directly to someone else electronically, recipients can often sue the sender for exposing them to this content. While repeat instances of communication and unwanted lewd pictures could constitute traditional harassment, Texas laws from 2019 make it an offense to send someone a picture of “sexual conduct” or a picture with “intimate parts exposed” unless the recipient requested or gave “express consent” to receive the picture.
This means that many things that victims were previously unable to seek justice for are now in fact a crime, including the following:
- Sending a text, direct message, tweet, social media post, or Snapchat of one’s genitals without consent
- Sending pictures over dating app messaging services of one’s genitals without consent
- Sending video in a chatroom of one’s genitals without consent
- Using “AirDrop” to transmit a nude photo without the recipient’s consent
- Any other use of electronic messaging, email, social media, or other means to send a naked picture without the recipient’s consent
In many of these situations, there is a phone number, username, or device name associated with the sender. In many cases, you can block or report the user for sending unwanted nude photos, but this legislation allows you to also file criminal charges and perhaps a civil lawsuit against them. This can help you get justice for the offensive conduct.
This law also covers the sending of photos of an erect penis with clothing covering it. These pictures are equally offensive and are banned alongside unsolicited nude photos.
Damages for Victims of Sexual Cyber-Harassment in Texas
Victims of cyber-harassment and online sexual harassment can sue for the harm they suffered as a result of this kind of harassment. People who are sent unwanted sexual images might be particularly sensitive to this kind of material, and they could suffer serious mental harm from this kind of imagery. In many cases, the single image itself is not the only element of the unwanted communications and harassment that comes the victim’s way. You might also be able to claim compensation for unwanted harassment, such as slurs and sexually explicit messages sent along with the unsolicited nude picture.
In cases of harassment and abuse, there are often damages available for the wrong itself. Victims of this kind of bad action face harm simply by virtue of the act that wronged them, and the court may be able to compensate you for that harm to punish the defendant. Additionally, you could face psychological distress, especially if the unwanted nude photo was sent alongside verbal abuse, threats, personal information the sender obtained about you, and other abusive or harmful communications. Depending on the extent of the harassment, the case could even involve physical symptoms stemming from the psychological distress, which can lead to even higher damages.
Suing the Sender of Unwanted Nude Photos in Texas
Texas is the first state to pass legislation against the sending of unwanted nude photos. This law helps protect people by creating a legal duty that requires everyone to refrain from sending such pictures without the recipient’s consent. This means that anyone who violates this duty by overriding the recipient’s consent has committed a wrongful act. There are usually two main ways to punish this kind of bad action: criminal penalties and civil damages.
When you report someone for a crime, the court and the government will focus on punishing them. However, the focus of a civil lawsuit for damages is on the victim. In a civil lawsuit, you might be able to claim damages for the harm you faced, which can compensate you and attempt to undo the damage caused by the sexual harassment. Contrast this with fines and potential jail time or probation, which does little to help you as the victim.
Our attorneys have experience handling cases on behalf of injured parties and other kinds of victims. We work to protect your rights and advocate for damages for you to get you the compensation and justice that you deserve.
Call Our Texas Lawyer for Victims of Cyber Flashing and Sexual Harassment
To set up a free legal consultation with our lawyers, call us today at (817) 476-1797. Our Texas attorneys for victims of sexual cyber-harassment (flashing) work to represent victims and help them fight for the compensation they are entitled to. Our attorneys have decades of experience representing victims of physical and psychological harm against the people responsible. Call us today to schedule your free case consultation.