There is no longer a need to request a restraining order to prevent a former partner from distributing naked pictures of a person. On June 20, 2024 Massachusetts enacted a law entitled “An Act to prevent abuse and exploitation” This law creates criminal penalties for the distribution of naked people without their consent. This provides significant protection against the harm addressed in this article.
Sexting is a term used to describe “the act of sending sexually explicit messages or photographs, primarily between mobile phones.” According to a study from the University of Texas Medical Branch, over 30% of all people between ages 18 and 25 have exchanged naked pictures. Although this practice is not limited to young people, it is fair to assume that a significant number of young married couples have exchanged naked pictures. Some of these people are bound to get divorced. What will they do with these naked pictures of their spouse in the heat of a highly contested divorce battle?
Some people try to hurt their spouse any way they can. Naked pictures can create a unique opportunity to inflict pain on their partner. Photos can be uploaded to the internet and once they are online it is impossible to remove them. Knowing about the online posting may cause sever emotional distress to the victim of this posting. Children of the spouse may discover the pictures and also have emotional distress. A potential employer may find the pictures with a simple Google search. This may negatively affect the spouse’s employment potential.
The harm that can be inflicted can be seen by looking at the many celebrities who have been exposed as their Sexting pictures have made their way to the internet. Perhaps the most famous is Anthony Weiner who resigned as a congressman after his Sexting pictures were distributed. The problems that the celebrities suffer may pale next to the prospect of not finding a job because a vengeful spouse posted pictures on the internet.
Massachusetts now considers posting of naked pictures of your spouse on the internet without permission to be domestic abuse and a crime. If a person has good cause to believe that their spouse may post such pictures then they can obtain a domestic abuse restraining order to prevent such postings.
