Get Your FREE Copy of the Book by Stephen Hamilton Exposing the Truth
Secrets of the Texas Criminal Justice System and Your Rights
Revenge porn is taking something that was private between two parties, and posting it for public knowledge or public use. This act is often referred to as revenge porn simply because it is posted as a form of revenge against a significant other. The penalties for such an act can sometimes be incredibly severe. And can heavily impact a person’s personal and academic life. Therefore, if you have found yourself involved in a situation regarding revenge porn, it is of the utmost importance that you contact an experienced student revenge porn defense attorney in Lubbock immediately. A proper lawyer will fight for you in court. To help ensure you receive the most experienced legal treatment in your case.
Classifying Revenge Porn
Generally, a revenge porn scenario occurs when a couple breaks up, and any photos or videos taken during the consensual relationship is posted online for third parties to view. The photos themselves are not illegal to possess if they were taken between two consenting adults. But the posting of these images is an illegal act.
This charge can include anything from posting a video or pictures to an X-rated site, posting it on a peer-to-peer site where it is transferred, or emailing it to people that the other party knows. The law has adjusted itself to make that act illegal for the protection of privacy when it comes to those types of activities. In these cases, it is important to contact an experienced Lubbock student revenge porn defense attorney to craft a case that can help result in a positive outcome.
Gathering Evidence
With a revenge porn case, there must be some sort of picture, audio, or video of an intimate act. The first thing a student revenge porn defense attorney in Lubbock will do regarding evidence is figure out what content was posted, and who posted it. The attorney must be able to understand the concepts of the law, have an investigator, and look at any issues with technology such as the pings and access points. These are all important factors when trying to defend a case like this.
Determining the Source
Identifying the source of the digital image or video can sometimes be difficult. It may be that an iPhone or an Android was used, or it could also have been a video camera. A student revenge porn defense attorney must have access to that content. Or receive access to it through a court order. Normally, there is some sort of a hard drive that is involved. If the police have the hard drive, the attorney must figure out how much data was actually given to them. A lawyer will have to determine if this was a situation where only part of the story is being told. Or only some of the evidence was turned over to the police.
People sometimes use public electronics, or different forms of electronics to hide their identity online. For example, using a computer in a computer lab. Or somewhere where multiple people have access to the same computer is a way in which individuals try to shield their identity. Further, an individual may share their computer with roommates. Or spam or mimic a person’s email address to try and frame another person.
Benefits of a Revenge Porn Attorney
When someone is accused of producing or distributing revenge porn. One of the things a Lubbock student revenge porn defense attorney will consider is the relationship between the two parties. An attorney will establish if these pictures were taken with any consent, when these pictures were taken, and whether there may have been a discussion that the content could have been published. Further, a lawyer can argue that the content was not published with the intent to harass or intimidate.
The investigator or attorney may need to get an expert witness who knows the technology to retrieve the data. When there are things like triangulation in the video types, sometimes, that evidence does not stay static. In two, three, or four months down the line, the evidence may not be there. That is why it is critical to establish connection with a knowledgeable lawyer immediately.