May 31, 2018
Judge Tom
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Revenge porn results in millions for victim

revenge porn

Jane Doe (victim’s name not disclosed) met David K. Elam II while she was in law school. It became a long distance relationship when Elam moved to Virginia while Jane remained in California. She sent him sexually explicit photos and videos.

After they broke up, Elam took revenge by posting the photos and impersonating Jane on dating and porn websites. He even sent the materials to Jane’s mother and a law school classmate. His actions resulted in unwanted texts from strangers who believed she was interested in sexual relations. Jane obtained a restraining order from a court which he disregarded, continuing to stalk her online.

Jane sued her predator in federal court for intentional infliction of emotional distress, cyberstalking, and online impersonation with intent to cause harm. In April, 2018, the court awarded Jane $6.45 million dollars against Elam. This included compensatory and punitive damages for his actions.

Although there is no federal law against revenge porn, some states have passed legislation addressing the problem. Arizona, for example, passed a law in 2014 (A.R.S. 13-1425) and California has similar legislation in Penal Code section 647.

Judge Tom

The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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