Deepfake Laws and Civil Options for Sexual Abuse Survivors

Deepfake

When Sexual Violence Goes Digital

Sexual violence does not always look like a physical attack. It can also show up as a fake video or image shared online without your consent. As more people post travel photos, festival clips, and dating app selfies, abusers are finding new ways to twist those images into sexual deepfakes.

For many survivors of sexual assault or sexual abuse, this kind of digital attack can feel like the trauma starting all over again. The fear of being exposed to co-workers, family, or a new partner can be overwhelming. Even if you know the video is fake, it can still feel very real in your body and in your daily life.

We want to walk through how deepfake laws are changing, what civil legal options might be available, and why having a survivor-focused legal team matters. Our goal is to give clear information in simple language so you can better understand your choices if you are dealing with sexually explicit deepfakes.

Deepfakes as a Form of Sexual Abuse

A deepfake is a fake image, video, or audio clip created using AI. The technology can paste one person’s face onto another body or make it look like someone is saying or doing sexual things they never agreed to. Some deepfakes are used for comedy or film, but sexually explicit deepfakes without consent are different. They are a form of abuse.

Non-consensual deepfake sexual content is often used as a tool to threaten or pressure someone into sex, harass a person at work or in a social group, or get revenge after a breakup or a rejection. It can also be used to keep control over someone after a physical assault, or to humiliate or scare someone into staying silent.

When deepfakes are tied to a past assault, they can feel like the abuser is reaching through the screen. Survivors may deal with anxiety and panic about who has seen the content, as well as shame and self-blame, even though they did nothing wrong. Many also experience fear of being recognized in public, at work, or at school, and strain on relationships, including partners, family, and friends. It is also common to worry about future jobs, promotions, or networking.

Even if the law treats a deepfake like “just an image,” for a survivor it can feel like another assault on their body and identity.

How Deepfake Laws Are Evolving

Deepfake laws are still catching up to the technology. In California, there are already laws that may apply to non-consensual sexual content, even if they were written before AI deepfakes became common. These include laws about:

  • Non-consensual pornography and intimate image sharing  
  • Online impersonation and identity misuse  
  • Invasion of privacy and misuse of someone’s likeness  
  • Harassment and stalking through electronic means  

The challenge is that many of these laws were written with real photos or videos in mind, not AI-created content. That can raise hard questions, like:

  • How do you prove who created or uploaded the deepfake?  
  • What if the person who shared it is in another state or another country?  
  • When are online platforms responsible for hosting or spreading the content?  

Lawmakers in California and at the federal level have been proposing new rules that speak directly to deepfake sexual images and videos. Many of these efforts aim to make it easier to hold creators and distributors of sexual deepfakes responsible, to secure clearer rights to have fake sexual content taken down, and to seek civil damages for emotional harm and reputational damage.

As these laws develop, survivors may gain stronger tools to fight back in civil court and to push for quicker removal of deepfake material.

Civil Lawsuits and Legal Theories Survivors May Use

When someone is targeted with sexually explicit deepfakes, several civil legal theories may come into play. The right options depend on the details of what happened, but possible claims can include:

  • Invasion of privacy, for using your face or body without permission  
  • Defamation, if the deepfake makes false sexual claims that hurt your reputation  
  • Intentional infliction of emotional distress, for extreme and outrageous conduct  
  • Harassment or stalking, if there is a pattern of contact or threats  
  • Civil sexual battery, when the deepfake is part of a broader pattern tied to physical abuse  

Deepfakes do not have to stand alone. They can be important evidence in larger sexual assault or sexual abuse cases. For example, a series of deepfake videos could help show a pattern of coercion or blackmail, retaliation after reporting a sexual assault, or ongoing stalking or obsession by an abuser.

In civil court, survivors may be able to pursue compensation for:

  • Therapy and counseling  
  • Past and future lost income  
  • Damage to reputation and career prospects  
  • Relocation or security costs if safety is at risk  
  • Pain, suffering, and emotional distress  

Civil cases are not about “erasing” what happened. They are about recognition, accountability, and support for rebuilding your life.

Steps to Protect Yourself and Preserve Evidence

If you discover a sexual deepfake of yourself, you may feel an urge to delete everything and try to forget it. That reaction is completely human. At the same time, saving evidence can be important if you later choose to report the abuse or explore civil options.

Some practical steps include:

  • Take screenshots that show the content, usernames, and any comments  
  • Save URLs, profile links, and dates or times when you saw the material  
  • Back up files to a secure place, not just on one device  
  • Keep copies of messages, threats, or emails tied to the deepfake  

It can also help to create a simple log. When something happens, write down:

  • What you saw or received  
  • Where you saw it (app, website, or platform)  
  • Who sent or posted it, if known  
  • How it affected you emotionally or at work or home  

Safety needs to stay front and center. That may mean avoiding direct confrontation with the person you suspect, not posting your own “warning” or “call-out” that could be used against you, and talking with a professional about whether a protective order makes sense.

An early conversation with a civil sexual assault attorney who understands deepfake laws and tech platforms can help you decide your next steps. In some cases, it may also make sense to coordinate with law enforcement, especially if there are threats, stalking, or a past physical assault.

How Dordulian Law Group Supports Deepfake Survivors

At Dordulian Law Group in Glendale, we focus our practice on survivors of sexual assault and sexual abuse. Our founding attorney previously served as a Los Angeles Deputy District Attorney, which gives us insight into both the criminal system and the civil side. That experience is especially important when abuse crosses from physical spaces into digital spaces like deepfake pornography.

When we work with someone facing sexual deepfakes, we look at the full picture. That can include:

  • Reviewing how and where the deepfake was spread  
  • Analyzing which current deepfake laws and related civil claims may apply  
  • Identifying everyone who might be responsible, not just the original creator  
  • Working with experts who understand online platforms and AI tools  
  • Helping pursue platform takedown or notice procedures where appropriate  

Our goal is to respect your pace and your boundaries. Some survivors want to be very public and outspoken. Others want quiet, careful action in the background. Both paths deserve respect. You do not have to know exactly what you want to do yet to ask questions and learn about your options.

Protect Your Rights Under Evolving Deepfake Laws Today

If you believe you have been harmed by a deepfake, you do not have to navigate confusing deepfake laws on your own. At Dordulian Law Group, we carefully evaluate what happened, explain your legal options, and move quickly to preserve critical evidence. Reach out so we can discuss your situation confidentially and outline a strategy tailored to your needs. To speak with our team directly, please contact us today.

Author

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Sam Dordulian, founder

Sam Dordulian is an award-winning sexual abuse lawyer with over 25 years’ experience helping survivors secure justice. As a former sex crimes prosecutor and Deputy District Attorney for L.A. County, he secured life sentences against countless sexual predators. Mr. Dordulian currently serves on the National Leadership Council for RAINN.

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A former Deputy District Attorney, Sam Dordulian is a highly-experienced lawyer in Los Angeles, CA, who has assisted in the prosecution of countless criminals. He is now using his experience and passion to advocate for sexual abuse victims and those involved in personal injury disputes.