What is cyber sexual abuse?

Nearly forty years after the internet’s mainstream debut, the digital world and the physical world have blended into one. Abusers exploit technology and the internet to threaten and harass their victims in a variety of new ways with astonishing speed. Our clients often suffer both physical violence and online harassment at the same time by the same person. Whether having their intimate images posted on social media or being stalked, surveilled, spoofed, or deep-faked, our clients’ experiences prove the same thing repeatedly: In an increasingly technological world, it’s possible to upend someone’s life with just a few strokes on a keyboard.

What laws protect victims of cyber sexual abuse?

A patchwork of federal and state laws protects against certain forms of cyber abuse in both criminal and civil contexts. For example, the New York State Unlawful Disclosure Law allows victims to sue the person who engaged in non-consensual disclosure of intimate images and recover monetary damages. Similarly, the 2022 reauthorization of Violence Against Women Act allows victims to sue in federal court if someone has disclosed intimate images without consent; both monetary damages and mandated image removal are available as forms of relief. While federal laws often focus on protecting against the use of technology for purposes of fraud or physical injury, some states have even stricter laws that protect against technology-facilitated abuse for the purposes of bullying, harassment, and gender-based violence. In some instances, victims can also sue for common law injuries such as defamation (slander or libel) based on the damage cyber sexual abuse has caused to their professional reputation.

Can I still sue if I initially consented to the online relationship?

Yes. Just like in real life, beginning a consensual relationship with a person does not mean you consent to all future acts by that person.

Can institutions be held liable for cyber sexual abuse?

Yes. Sanford Heisler Sharp McKnight has deep experience holding institutions, not just individuals, accountable for enabling or failing to prevent technology-facilitated abuse.

• Employers: When cyber sexual abuse occurs between coworkers through company systems, or in connection with employment, employers may be liable under Title VII of the Civil Rights Act and state employment discrimination laws for failing to prevent or address a hostile work environment.
• Schools and universities: When students face cyber sexual abuse by peers or faculty, educational institutions may be liable under Title IX or state anti-discrimination laws if they knew about the harassment and failed to stop it. Our firm has brought cases against universities for systemic failures to protect students from sexual violence.
• The military: Service members who experience cyber sexual abuse may pursue claims under the Federal Tort Claims Act against the Department of Defense for institutional failures. Our firm is a national leader in military sexual assault litigation.
• Class actions: When many victims have been harmed, as in the GirlsDoPorn case where our firm won a $13 million verdict for 22 plaintiffs, a class action or multi-plaintiff lawsuit may be the most effective path to accountability.

How can Sanford Heisler Sharp McKnight help me take action?

Sanford Heisler Sharp McKnight has extensive experience representing survivors of sexual violence in matters against private employers, universities, and the U.S. military. We take a trauma-informed approach to our work. To learn more, please reach out to our team to set up an initial confidential consultation.