{"id":38604,"date":"2023-07-12T16:33:52","date_gmt":"2023-07-12T20:33:52","guid":{"rendered":"https:\/\/www.janedoe.org\/?p=38604"},"modified":"2023-07-19T16:35:12","modified_gmt":"2023-07-19T20:35:12","slug":"25-in-depth-advocates-hopeful-mass-will-finally-criminalize-nonconsensual-porn","status":"publish","type":"post","link":"https:\/\/www.janedoe.org\/25-in-depth-advocates-hopeful-mass-will-finally-criminalize-nonconsensual-porn\/","title":{"rendered":"25 In-Depth: Advocates hopeful Mass. will finally criminalize nonconsensual porn"},"content":{"rendered":"<div class=\"caas-content-byline-wrapper\">\n<div class=\"caas-attr\">\n<div class=\"caas-attr-meta\">\n<div class=\"caas-attr-item-author\"><span class=\"caas-author-byline-collapse\" data-id=\"m-0\">Kerry Kavanaugh and Marina Villeneuve<\/span><\/div>\n<div class=\"caas-attr-time-style\"><time class=\"\" datetime=\"2023-07-13T02:27:19.000Z\">Wed, July 12, 2023<\/time><\/div>\n<\/div>\n<\/div>\n<div class=\"caas-content-contain-share\">\n<div class=\"caas-attr-separator\">\n<div class=\"separator-ext\"><\/div>\n<\/div>\n<\/div>\n<\/div>\n<div class=\"caas-body\">\n<p>Alex Hagerty said he remembers the day he got messages from strangers about sexually explicit videos they found of him on a popular social media website.<\/p>\n<p>Immediately, he said he put the pieces together \u2013 he realized a former partner had taken videos of them without ever telling him. Hagerty said he found out the partner posted the sexually explicit content online the same day they broke up.<\/p>\n<p>\u201cIt felt like a stab to the heart,\u201d Hagerty said. \u201cI felt like everything went black.\u201d<\/p>\n<p>He says he went to the police, who told him there was nothing they could do.<\/p>\n<p>Hagerty said he soon learned a tough lesson: \u201cThat revenge porn is legal in Massachusetts, that somebody can use revenge porn as a way to destroy somebody\u2019s character, defame their reputation, attack their family, and utterly destroy their life.\u201d<\/p>\n<p><b>ONE IN TWELVE<\/b><\/p>\n<p>As many as one in twelve adult social media users have been victims of nonconsensual pornography, according to the advocacy group Cyber Civil Rights Initiative.<\/p>\n<p>And one in 20 adult social media users have perpetrated what\u2019s often called revenge porn \u2013 also known as nonconsensual pornography, or image-based sexual harassment or abuse.<\/p>\n<p>But Massachusetts is one of only two states \u2013 along with South Carolina \u2013 that has yet to criminalize so-called revenge porn.<\/p>\n<p>For years, advocacy groups and survivors have urged state and local governments nationwide to outlaw the practice.<\/p>\n<p>Nonconsensual pornography refers to the sharing of images obtained either without consent &#8211; through hidden cameras or hacking phones, for example \u2013 or with consent, like sexually explicit selfies.<\/p>\n<p>\u201cThe impact on survivors is very much in line with and consistent with the trauma experienced by sexual assault survivors when they talk about the violation of what it means to have one\u2019s sexually explicit images out in the world without their consent,\u201d said Hema Sarang-Sieminski, Deputy Director of advocacy coalition Jane Doe Inc, also known as the Massachusetts Coalition Against Sexual Assault and Domestic Violence.<\/p>\n<p><b>A NEW BILL<\/b><\/p>\n<p>State Sen. John Keenan, a Democrat whose district includes Norfolk and Plymouth counties,\u00a0<a class=\"link \" href=\"https:\/\/malegislature.gov\/Bills\/193\/S1012\" target=\"_blank\" rel=\"nofollow noopener\" data-ylk=\"slk:has filed legislation;elm:context_link;itc:0\" data-rapid_p=\"8\" data-v9y=\"0\">has filed legislation\u00a0<\/a>to legally go after anyone who knowingly distributes visual material depicting a person nude, partially nude or engaged in sexual conduct. The House version\u00a0<a class=\"link \" href=\"https:\/\/malegislature.gov\/Bills\/193\/H1745\/Bills\" target=\"_blank\" rel=\"nofollow noopener\" data-ylk=\"slk:is sponsored;elm:context_link;itc:0\" data-rapid_p=\"9\" data-v9y=\"0\">is sponsored\u00a0<\/a>by state Rep. Jeffrey Roy, a Democrat who\u2019s long tried to pass legislation addressing teen sexting.<\/p>\n<p>The legislation would allow law enforcement to press charges against anyone who \u201cknowingly distributes visual material depicting another person\u2026 who is nude, partially nude or engaged in sexual conduct.. and it causes physical or economic injury or emotional distress.\u201d<\/p>\n<p>\u201cI think it empowers those who have been victimized and is an important step to its healing,\u201d Keenan told Investigative Reporter and Anchor Kerry Kavanaugh. \u201cAnd that\u2019s not to say that everybody will choose to press criminal charges, but having that available to them, I think, is really important.\u201d<\/p>\n<p>Those found guilty of the crime of criminal harassment could face 2.5 years in prison and\/or a $10,000 fine, under Keenan\u2019s bill.<\/p>\n<p>A second or subsequent offense could result in up to 10 years in prison and a $15,000 fine.<\/p>\n<p>The bill includes provisions aimed at ensuring minors get diverted to educational programs.<\/p>\n<p>The legislation would require the attorney general to develop a \u201ccomprehensive educational diversion program\u201d to teach teenagers about the legal consequences of posting explicit images online.<\/p>\n<p>\u201cSometimes these things are circulated within moments across an entire class or a school,\u201d Sarang-Sieminski said.<\/p>\n<p>The court would indefinitely stay arraignment for juvenile defendants who allegedly share or possess explicit images of children. Courts could consider any objections raised by a district attorney, and arraign juveniles who don\u2019t complete diversion programs.<\/p>\n<p>In certain scenarios, minors who possess or upload explicit content of others could face 6 months commitment to the department of youth services and\/or a $500 fine.<\/p>\n<p><b>LONG PUSH TO CRIMINALIZE<\/b><\/p>\n<p>Efforts to ban revenge porn in Massachusetts date back to 2017.<\/p>\n<p>\u201cThe reality that there was really no protection available to survivors who experienced this kind of harm,\u201d Sarang-Sieminski said, \u201cthat was really at the heart of what so many advocates really were hoping to address. You know, they would say, we can\u2019t do anything about this. And that was very striking.\u201d<\/p>\n<p>In 2017, ACLU Massachusetts\u2019s deputy legal director\u00a0<a class=\"link \" href=\"https:\/\/twitter.com\/ACLU_Mass\/status\/857246610526547969\" target=\"_blank\" rel=\"nofollow noopener\" data-ylk=\"slk:said;elm:context_link;itc:0\" data-rapid_p=\"10\" data-v9y=\"1\">said<\/a>\u00a0the state needed to figure out how to address image-based harassment while protecting freedom of expression.<\/p>\n<p>The director said victims could sue or seek extortion charges, as an alternative.<\/p>\n<p>The ACLU also raised concerns that a bill filed by former Governor Charlie Baker would have allowed prosecutors to charge minors with a misdemeanor for possession or distribution of sexually explicit images of children.<\/p>\n<p>A spokesperson for the ACLU didn\u2019t respond to multiple emailed requests for comment about the group\u2019s stance on the latest legislation.<\/p>\n<p>But by 2022, lawmakers appeared poised to criminalize nonconsensual pornography.<\/p>\n<p>Several s<a class=\"link \" href=\"https:\/\/malegislature.gov\/Events\/Hearings\/Detail\/4175\" target=\"_blank\" rel=\"nofollow noopener\" data-ylk=\"slk:urvivors of revenge porn spoke to lawmakers;elm:context_link;itc:0\" data-rapid_p=\"11\" data-v9y=\"0\">urvivors of revenge porn spoke to lawmakers<\/a>\u00a0in January 2022 during a Joint Committee on the Judiciary hearing.<\/p>\n<p><a class=\"link \" href=\"https:\/\/malegislature.gov\/Bills\/192\/H4498\" target=\"_blank\" rel=\"nofollow noopener\" data-ylk=\"slk:In May;elm:context_link;itc:0\" data-rapid_p=\"12\" data-v9y=\"0\">In May<\/a>, the Massachusetts House unanimously passed a bill to ban revenge porn.<\/p>\n<p>In July, the Judiciary Committee\u2019s Senate Chair, James Eldridge\u00a0<a class=\"link \" href=\"https:\/\/www.lowellsun.com\/2022\/07\/25\/survivors-respond-to-shelving-of-dangerousness-bill\/\" target=\"_blank\" rel=\"nofollow noopener\" data-ylk=\"slk:told the State House News Service;elm:context_link;itc:0\" data-rapid_p=\"13\" data-v9y=\"0\">told the State House News Service\u00a0<\/a>when asked about the state\u2019s hesitation on passing a revenge porn bill: \u201cProbably, it\u2019s a case where law enforcement and, with all due respect, media have been very, very laser-focused on this even though it\u2019s not a particularly severe problem in Massachusetts.\u201d<\/p>\n<p>In the final days of 2022, the state Senate began considering an amended version of the bill.<\/p>\n<p>By early January, the Senate passed the amended bill by a voice vote.<\/p>\n<p>But there wasn\u2019t enough time for lawmakers to agree on a compromise bill to send to the governor by deadline.<\/p>\n<p>\u201cIt passed the House of Representatives and then it came to the Senate,\u201d Keenan said. \u201cAnd it didn\u2019t pass the Senate until very late in the session. And so we were unable to get it across the finish line, so to speak, to the governor\u2019s desk because it was passed so late.\u201d<\/p>\n<p><b>\u2018CLEAR THIS HAS TO BE ADDRESSED\u2019<\/b><\/p>\n<p>The senator said that stories from survivors finally got lawmakers\u2019 attention.<\/p>\n<p>\u201cAs we pushed the legislation through the end of the last session, there were conversations,\u201d Keenan said. \u201cI had conversations with my colleagues, colleagues that might have wondered what the bill does. Is it necessary? Colleagues who might have been a little hesitant or weren\u2019t fully aware of what was going on out there. Those conversations were held, and as I had those conversations, I think there was a growing awareness of the need for this.\u201d<\/p>\n<p>Keenan said it doesn\u2019t matter if the issue impacts thousands of people, or just a handful.<\/p>\n<p>\u201cWhen I\u2019ve spoken to individuals that have been the victims of this and to their family members, they incredibly look beyond themselves,\u201d Keenan said. \u201cBut even if it was just that one person, it\u2019s clear that this has to be addressed.\u201d<\/p>\n<p>Keenan said he\u2019s hopeful about the bill\u2019s chance of passage this year, and said he hasn\u2019t seen any group opposing the legislation.<\/p>\n<p>Hagerty, a selectman in Abington, said he feels lucky that his images were taken down \u2013 though he\u2019s worried about the footprint of any images uploaded online.<\/p>\n<p>\u201cI was able to confront my vengeful former partner and get the images and videos taken down,\u201d Hagerty said. \u201cBut not everyone in Massachusetts has that same opportunity as I have. And then they contemplate taking their own lives, harming themselves, or doing damage to their life.\u201d<\/p>\n<p>\u2014-<\/p>\n<p>Those looking for support can reach out to crisis\u00a0<a class=\"link \" href=\"https:\/\/www.mass.gov\/service-details\/crisis-hotlines\" target=\"_blank\" rel=\"nofollow noopener\" data-ylk=\"slk:hotlines;elm:context_link;itc:0\" data-rapid_p=\"14\" data-v9y=\"1\">hotlines<\/a>:<\/p>\n<ul class=\"caas-list caas-list-bullet\">\n<li>National Suicide Prevention Lifeline: 1-800-273-8255<\/li>\n<\/ul>\n<p>The National Suicide Prevention Lifeline is a network of local crisis centers that are available 24\/7 to provide support for youth and adults who are in any kind of emotional crisis.<\/p>\n<ul class=\"caas-list caas-list-bullet\">\n<li>SafeLink: 1-877-785-2020<\/li>\n<\/ul>\n<p>SafeLink is for anyone who is being affected by domestic violence or dating violence. Volunteers at SafeLink speak English and Spanish, and SafeLink also has a service that can provide translation in more than 130 languages.<\/p>\n<ul class=\"caas-list caas-list-bullet\">\n<li>CCRI Image Abuse Helpline at 1-844-878-2274<\/li>\n<\/ul>\n<p>If you are a victim or survivor of Image-Based Sexual Abuse (IBSA), please visit<a class=\"link \" href=\"https:\/\/cybercivilrights.org\/ccri-safety-center\/\" target=\"_blank\" rel=\"nofollow noopener\" data-ylk=\"slk:the Cyber Civil Rights Initiative Safety Center;elm:context_link;itc:0\" data-rapid_p=\"15\" data-v9y=\"1\">\u00a0the Cyber Civil Rights Initiative Safety Center\u00a0<\/a>or call the CCRI Image Abuse Helpline, which is available free of charge, 24\/7.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Kerry Kavanaugh and Marina Villeneuve Wed, July 12, 2023 Alex Hagerty said he remembers the day he got messages from strangers about sexually explicit videos they found of him on [&hellip;]<\/p>\n","protected":false},"author":11,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-38604","post","type-post","status-publish","format-standard","hentry","category-media-coverage"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.janedoe.org\/wp-json\/wp\/v2\/posts\/38604","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.janedoe.org\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.janedoe.org\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.janedoe.org\/wp-json\/wp\/v2\/users\/11"}],"replies":[{"embeddable":true,"href":"https:\/\/www.janedoe.org\/wp-json\/wp\/v2\/comments?post=38604"}],"version-history":[{"count":0,"href":"https:\/\/www.janedoe.org\/wp-json\/wp\/v2\/posts\/38604\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.janedoe.org\/wp-json\/wp\/v2\/media?parent=38604"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.janedoe.org\/wp-json\/wp\/v2\/categories?post=38604"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.janedoe.org\/wp-json\/wp\/v2\/tags?post=38604"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}