Law Students

Revenge Porn Victim Awarded $6.45 Million
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Summary: The victim of revenge porn and a law student in California received the second highest judgment in a non-celebrity revenge porn case.

A former California law student won a $6.45 million judgment against a former boyfriend who posted her intimate photos online when they broke up. According to the ABA Journal, the woman referred to as “Jane Doe” in court documents won the judgment in a case of revenge porn.

  
What
Where


The woman won $3 million in compensatory damages, $3 million in punitive damages and $450,000 for copyright infringement, according to CNN. U.S. District Judge Philip Gutierrez of Los Angeles entered the judgment by signing a proposed default judgment against David K. Elam II, the defendant.

Elam posted the sexually explicit photographs and videos of his ex-girlfriend on the internet, sending links to the image to her mother and a classmate at her law school. He then impersonated her on porn and dating websites, which resulted in her receiving unwanted text messages from strange men who thought she was interested “in indiscriminate sexual relations.”

She was able to obtain a restraining order against Elam but he continued his destructive actions. The order required him to remove the content from the internet and stop impersonating her on the websites. Gutierrez also ordered him, as part of the judgment, to destroy all of the photos and videos.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




Elam gained access to the images originally when he moved across the country and asked the woman for them. He was living in Virginia and she was still in California. After she had given the images to Elam, she went and registered the material for their copyrights with the U.S. Patent and Trademark Office.

The woman had claimed not only infringement but also infliction of emotional distress, cyberstalking, and online impersonation with the intent to cause harm.



K&L Gates took the woman’s case pro bono, as part of their Cyber Civil Rights Legal Project. In the project, pro bono lawyers take on cases involving “revenge porn” victims. The award she received is the second-largest in a pro bono case not involving a celebrity, according to K&L Gates. The law firm was also able to help the victim with the highest award of $8.9 million.

Elam had been facing criminal charges but federal prosecutors dropped those charges two years ago. K&L Gates partner Seth Gold explained to CNN that this civil case did not rely on the outcome of the criminal case.

Do you think the judgment is excessive or fair for revenge porn? Share your thoughts with us in the comments below.

To learn more about revenge porn, read these articles:

Photo: twoeggz.com



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Senior Litigation Associate Attorney

USA-CA-Los Angeles

Los Angeles office of a BCG Attorney Search Top Ranked Law Firm seeks Senior Litigation Associa...

Apply Now

Mid-level Litigation Attorney

USA-NY-New York City

New York City office of a BCG Attorney Search Top Ranked Law Firm seeks Mid-level Litigation At...

Apply Now

Junior Patent Prosecution Associate Attorney

USA-DC-Washington

Washington, D.C. office of a BCG Attorney Search Top Ranked Law Firm seeks Junior Patent Prosec...

Apply Now

RELEVANT JOBS

Associate Attorney

USA-CA-Los Angeles

Associate with 1-3 years litigation experience (pref. employment) needed for a well-established Plai...

Apply now

Legal Secretary

USA-NV-Las Vegas

Employment Type: Full-Time   We are a small firm looking for a legal secretary who is ext...

Apply now

Associate Attorney

USA-AZ-Phoenix

Phoenix based plaintiff construction defect litigation law firm is currently seeking an Associate At...

Apply now

Legal Assistant / Paralegal

USA-NY-Middletown

Seeking a full-time legal assistant / paralegal with experience in commercial and residential real e...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top