Image-based sexual abuse – commonly referred to as IBSA – has received worldwide attention recently following the dissemination of deepfake intimate images targeting celebrities like Taylor Swift, Jenna Ortega, and Scarlett Johansson.
Deepfakes and other forms of IBSA have been referred to as a “pandemic,” an “increasing threat,” and a “race against time” in terms of enacting laws protecting both adults and children.
Image-based sexual abuse can take many forms. This blog will review the Top 5 Types of Image-Based Sexual Abuse that everyone should know and include information for victims who may wish to pursue legal action against either an individual or an entity responsible for the creation or dissemination of IBSA/deepfake content.
Image-based sexual abuse (IBSA) is defined as the act of sharing intimate or sexually explicit images or videos (those displaying nudity or the person performing a sexual act) without the victim’s consent. When IBSA occurs, it is intended to cause emotional distress, trauma, or damage to one’s reputation.
Images or videos can be shared via websites, social media, email, and text or messaging services. In many cases, perpetrators of IBSA share this nonconsensual content with the victim’s employer, friends, or family in an effort to cause harm. Images or videos that are altered through artificial intelligence (AI) or photo-shopped are also considered IBSA.
In short, any type of nonconsensual image or video sharing that depicts a victim in an intimate or sexual act is considered image-based sexual abuse or IBSA. IBSA is a crime, and can carry criminal penalties and also open perpetrators to civil lawsuits.
When it comes to IBSA, consent is critical. In fact, consent is actually required twice in order for someone to legally use your intimate or sexual image.
Firstly, when a photo or video is taken, the person must give consent. If your intimate photo or video was taken when you were unaware and did not give permission, an instance of image-based sexual abuse may have occurred.
Secondly, even if you did give permission to someone to take an intimate or sexual image/video of yourself, you must again consent to the image being shared or disseminated with a third party.
In many IBSA cases, consent is not explicitly given, and images are either obtained or distributed without the victim’s knowledge. For example, the victim might have been unaware that the photo was taken or coerced to share the picture, or perhaps the perpetrator had stolen or hacked it. In many IBSA cases of revenge porn (also known as nonconsensual distribution of sexually explicit material), images that were initially shared with consent in an intimate relationship are then shared nonconsensually with others – often after a breakup – in an attempt to harm the victim.
IBSA can manifest in many forms. The Top 5 Most Common Types of Image-Based Sexual Abuse include:
In California, it is illegal to distribute intimate images of someone without his or her consent. California laws mandate that if the disseminator acts with intent which could cause emotional harm or distress to the victim, legal remedies may be pursued. This includes all forms of IBSA – revenge porn, sextortion, deepfakes, etc.
Additionally, it’s important to note that image-based sexual abuse can take many forms:
Even if you shared nude or sexually explicit images with someone, if that person then distributed the content online without your consent, you may be able to pursue a civil lawsuit for financial compensation with DLawGroup (in addition to any criminal charges which may be filed).
To begin the process of filing your IBSA (revenge porn, deepfake, sextortion, cyberflashing) lawsuit, contact DLawGroup’s experienced Los Angeles-area sex crimes attorneys today by calling 866-GO-SEE-SAM.
Foundation Ra is a survivor led nonprofit organization founded by Uldouz Wallace. The organization has partnered with Sam Dordulian and DLawGroup to help provide survivors of image-based sexual abuse with legal representation in addition to myriad support services.
Foundation Ra supports children, women, and men who have been victimized through IBSA. The organization works relentlessly to protect and prevent all forms of image-based sexual abuse.
Our Sexual Assault Justice Experts are here to help survivors secure justice. Contact our top-rated attorneys online or by phone for a free consultation today.
For a list of essential resources provided by Foundation Ra – including mental health support, takedown services, and more – please click here.
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