With the ongoing advancement of technology, particularly following a global pandemic where people were seeking new ways to intimately connect from afar, it is not surprising that there was an increase in the exchange of sexual or intimate images through technology. An estimated 4 out of 5 adults have sent or received an explicit text or photo. If you haven’t done it, odds are you know at least four people who have.

However, problems can arise when this act of trust is breached – when what was supposed to be an intimate image shared between a couple gets shared beyond that circle of trust.

“Revenge Porn,” as it is commonly known, is the act of sharing or posting intimate or sexually explicit images of a person without their consent to cause them distress or embarrassment. An estimated 1 in 12 U.S. adults reports being victims of image-based abuse.

This is a relatively new area of law that is continuing to evolve with technology. Since 2013, 48 states have enacted some form of criminal ramification for the dissemination of sexual or intimate photos, with Pennsylvania having enacted its revenge porn statute in 2014.

In Pennsylvania, it is a second-degree misdemeanor to disseminate intimate or sexual images of an adult without their consent, and can result in up to two years of jail time and/or fines.

How can this affect my divorce?

Under Pennsylvania law, the court looks to a list of factors when determining how to distribute marital assets between the parties. While abuse and/or misconduct is not delineated as a factor, if the abuser’s conduct caused the victim financial losses or diminished their ability to earn money, it could result in a greater distribution to the injured spouse. For example, it is not uncommon for an abuser to threaten to – or actually send – this type of content to a victim’s employer. What if the victim loses their job as a result? Or if the abuser posts the photo online with identifying information, every time a potential employer types the victim’s name, the photo may appear. Under these circumstances, it would not be surprising if a judge or hearing officer took the abuser’s conduct into account when recommending a distribution of property.

Similar to the list of factors used in equitable distribution, there is also a list of factors used when determining an alimony award. In the case of alimony, a court may consider marital misconduct by either party, including abuse that occurs after the date of separation. If the dependent spouse is a victim of revenge porn or other abuse, the court may use this as a reason to increase an alimony award.

What if I already signed a property settlement agreement?

 Another common way an abuser may attempt to use these photos against a victim in a divorce is to threaten to release them if the victim does not agree to certain provisions or otherwise give them something in the divorce. If the abuser was successful and got the victim to sign an agreement against their interest, the victim is fortunately not out of luck.

Under Pennsylvania law, marital settlement agreements are reviewed under standard contract principles. Where a contract is entered into under duress or coercion, the court may set it aside. The abuser could also suffer criminal charges for blackmail or sextortion.