Revenge Porn is “Cyber Rape”? I Argue Not.

Tuesday, October 1, 2013
Posted in category Victimology State

Do not, for a second, ever blame yourself. You are not accountable for your own actions and choices. When your own conscious behaviors and voluntary actions cause you personal distress, you must call upon the state to create a new victim class and enact laws to criminalize those who reaped psychic profits as a result of your actions. That is the credo of the victimology society.

Note this story in the media about so-called “revenge porn.” This term depicts the actions of individuals who make use of consensually obtained nude photos to exploit and inflict personal trauma upon others. Here’s a quote from the article on Fox News:

When Holly Jacobs sent nude photographs of herself to a long-distance boyfriend she loved and trusted, the 23-year-old woman never imagined the horror that would befall her.

In August 2009, less than a year after the pair mutually ended their three-year relationship, Jacobs did a Google search of her name and discovered the naked photos on a so-called “revenge porn” website.

At age 23, Holly chose to place so much trust in her boyfriend that she voluntarily sent him nude photos of herself. Realize that there was no binding commitment to this man – they were a couple in a temporary state of apparent bliss. Upon breaking up, he ex-beau decided to post her naked photos to the web as breakup revenge.

Holly is just another individual who made one bad decision after another, and she is now paying for it due to her inability to assess the overall character of a former lover. The Fox News headline reads as follows: ‘Revenge Porn’ victim devotes life fighting to change nation’s laws. Yes, Holly has taken to fighting for state action to criminalize the use and exploitation of voluntarily received materials on the Internet. Holly is quoted as such:

“This is cyber-rape,” Jacobs, now 30, told FoxNews.com. “It’s all about the guy having control over the woman and exploiting her in a sexual way — the same way real-life rape does that. It violates you over and over again.”

Rape is strictly defined as a crime of force wherein a person or group of persons physically aggresses against another in a very violent action, resulting in physical penetration and bodily harm. In reality, rape is defined by individual countries (or states in the US), but always, the key term is “consent.” Additionally, rape is a physical act, but an act of posting consensually received photos is not invasive or forceful, and this act does not aggress against another individual resulting in bodily harm.

Holly was shocked that Miami police told her “because you are over 18 and you consented, technically they are his property and he can do whatever he wants with them.” For once, the cops are right. Holly created her own dilemma as a result of her injudicious choices. But then there’s this quote:

“At this time, 49 states do little or nothing to stop malicious individuals from endangering lives and reputations by distributing sexually graphic pictures of people without their consent,” said Mary Anne Franks, a professor at University of Miami School of Law. “Both state and federal criminal laws are needed to prevent and address this form of sexual abuse.”

Again, the definition of ‘abuse’ does not jibe with the act of voluntarily sending someone a photo that becomes his or her property to use as that person sees fit. The rest of the article discusses some compelling legal aspects of this issue, however, I stand by my viewpoint that consensual actions that are later deemed to be regretful and therefore injurious to the voluntary actor are not coercive, violent, invasive, or criminal. This guy was a skank to be sure, but being a lowlife human being with no moral compass is not a crime and does not justify a criminal punishment.

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9 Responses to Revenge Porn is “Cyber Rape”? I Argue Not.

  1. weak stream says:

    October 2nd, 2013 at 8:55 am

    Yeah, note the inflamatory language…rape. That’s a tool one uses when one is trying to advance a bs cause/idea. It’s like saying that the political critters out there are ‘intellectually raping’ all of us. Rounding off and dumbing down the language leads us eventually to a point where words don’t convey meaning and so all manner of shennanigans are possible. Honest people need to fight this trend.

  2. I R A Darth Aggie says:

    October 2nd, 2013 at 11:19 am

    Deer Holly,

    Don’t send nude pictures to any one unless you’re fine with them showing up on random websites on the internet.

    KTHXBAI

  3. clark says:

    October 6th, 2013 at 2:23 am

    I so dislike it when you two disagree:

    “It is, as I blogged earlier, very similar to the crime of acid-throwing. It is essentially a crime of force and aggression. Someone wishes to control a woman’s behavior or “punish” her for leaving them.”…

    http://mindbodypolitic.com/2013/10/03/slate-revenge-porn-is-a-crime-of-control-like-stalking/

    Also,

    “As I just blogged, the first amendment is not a get-out-of-jail-free card, as some marginally intelligent libertarians seem to think.”…

    http://mindbodypolitic.com/2013/10/04/eugene-volokh-revenge-porn-law-does-not-violate-free-speech/

  4. Karen De Coster says:

    October 6th, 2013 at 10:55 am

    Clark – thanks for sending. I like Lila, but not in the 2nd post you sent she advocates bill after bill after law after law…..Your comment is spot-on? Who wins, Clark? :–) I shall write an article on this.

  5. M. Terry says:

    October 6th, 2013 at 3:59 pm

    It’s clearly wrong to post photos of someone on the web that they wouldn’t want posted.

    But, it happens all the time. Even with booking photos of people “accused” but not convicted, of crimes.

    That being said, I did a quick search for “Holly Jacobs revenge porn” and retrieved results that were not simply “nude” photos.
    When one is engaging in a sex act with another, and pictures are taken (obviously both parties knew that they were photographing these acts) then it should behoove one to write a non-disclosure contract BEFORE photographing porn.

    It’s not new news that everything on the internet is, essentially, public. While it’s fundamentally wrong to post these photos, it is the typical lack of personal responsibility in this case that irritates the hell out of me.

    Hey, folks – don’t tweet your wiener to someone else. Don’t blow someone and photograph it. Have some class. Keep your business in the bedroom.

    I’d feel a hell of a lot sorrier for this girl (not woman – she is behaving like a spoiled brat -”it’s not my fault”) if the photos had been taken without her knowledge.

    The internet lends itself to poor taste. Keep Mr. Johnson in the pants, and blowjobs between partners -without documenting with photos. No worries. No problem.

  6. clark says:

    October 7th, 2013 at 2:06 am

    I like the both of you.
    My only intent is to advance freedom and liberty.

    I look forward to your article.

  7. clark says:

    October 11th, 2013 at 5:01 am

    It’s all going downhill, try as I might otherwise.

    “Sorry, nothing you (or any no-govt libertarian) says will convince me that in our current society, anarchism will work. “…

    http://mindbodypolitic.com/2013/10/04/eugene-volokh-revenge-porn-law-does-not-violate-free-speech/#comment-323643

    I feel like I’ve caused a loss of one of our own.
    That hurts.

  8. M. Terry says:

    October 13th, 2013 at 12:05 am

    Clark, I followed the link – posted this:

    “Consider someone who takes a picture of her body, for medical reasons, and, by accident leaves a copy on her computer. Say someone gets hold of it and tried to pretend the person sent the image to a porn site. It is easily done.”
    s.
    Now that’s like the non-sequitur of the year.

    A woman, along with sexual partner, or perhaps with a photographer present, engages in photographing herself fellating a large penis, amongst other “poses.”

    And complains later. She should have had the sense to obtain a contract for the images, or videos.

    What next? Ban literature that includes the worn out N word?

    Sorry, but this idiotic concept is far removed from anything regarding Article I of the Bill of Rights.

    Good taste is one thing. Producing porn, then complaining about it is another thing.

    Fuck personal responsibility, right? Everyone is a “victim.”

    Absolute horse shit.

    BTW – I did a Google search for the images after I read an article about “victim.”

    My thought was – she wanted everyone to search for the photos. If she’d kept quiet, few people would know.

  9. M. Terry says:

    October 13th, 2013 at 12:27 am

    Another thing – behave like a lady, and this stuff won’t happen.

    “Only 23?” WTF? How long does it take to make the determination NOT to fellate someone and photograph it.

    What – up the drinking age to 30? 40? Unbelievable.

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