This article argues that the criminal law, in its present form, is woefully inadequate as a means of addressing the harms caused to victims of revenge porn. Instead, such harms are best addressed within the framework of tort law, which can more effectively target the organizations that perpetrate nonconsensual porn and expose patterns of systemic wrongdoing. In Part II, nonconsensual pornography is defined and assessed at the micro, meso, and macro levels. In Part III, the shortcomings of the relevant criminal statutes designed to mitigate nonconsensual pornography are explained. In Part IV, an argument is made that the torts system can be leveraged to achieve better outcomes for victims and undermine the economic engines that encourage the spread of nonconsensual pornography.
Holcomb, Lindsay, The Role of Torts in the Fight Against Non-Consensual Pornography (May 7, 2020). Cardozo Women’s Law Journal, volume 27, no 2, 2021.