Civil Sex Assault Claims

Florida's Sexual Cyber Harassment Law & Your Options

Having an intimate image of you posted without your permission is its own kind of harm. It is not a lesser version of a physical assault, and Florida does not treat it as one. Section 784.049 of the Florida Statutes addresses sexual cyber harassment, and alongside the criminal exposure it creates, it provides a route to civil relief. That matters because the thing most people want first is not money. It is for the image to come down and to stop spreading. A civil claim can pursue both. This post explains what the law covers, what a claim may ask a court to do, how it can sit alongside other claims where an image was taken during an assault, and what you should preserve before you start deleting things.

What the law addresses

The statute is directed at publishing a sexually explicit image of an identifiable person to a website or other forum without that person's consent, where the image was obtained in circumstances carrying a reasonable expectation of privacy.

Several features of that framing are worth drawing out. Identifiability can come from context rather than a visible face. The absence of consent to publication is the issue, and it is separate from whether you consented to the image being taken in the first place. An image you shared willingly with one person, in confidence, was not consented to being posted publicly.

Where it commonly arises

In our experience these situations tend to fall into recognizable patterns:

Images shared privately with a partner and posted after the relationship ended
Images taken during an assault and later distributed or threatened to be distributed
Images obtained from a device, cloud account or backup without permission
Images used as leverage to demand contact, silence or further conduct
Images circulated within a group chat or private forum rather than posted publicly

Where an image is being used to coerce you, that is not only a publication problem. It may also point to other claims, and it is a reason to get advice quickly rather than to negotiate with the person yourself.

What a civil claim may seek

A claim of this kind may pursue monetary damages for the harm caused, which in these cases is typically emotional and reputational rather than physical, and can be substantial.

It may also pursue injunctive relief, meaning a court order requiring that the material be removed and that further publication stop. For many people that is the more urgent remedy, and it is available in a way that a criminal prosecution does not offer.

Where the same conduct also involved an assault, these claims can sit alongside the intentional torts described in assault, battery and false imprisonment in Florida, rather than replacing them.

Preserve before you delete

The instinct on discovering an image is to make it disappear as fast as possible. That instinct is completely understandable and it can cost you evidence.

Before requesting removals, it is worth capturing what exists. That generally means screenshots showing the posting, the account or username responsible, timestamps, the platform and web address, and any messages in which the person acknowledged posting it or threatened to. If someone has been demanding something in exchange for taking it down, those messages are particularly important.

You do not have to leave material up while you do this, and a lawyer can help you pursue removal and preservation at the same time rather than choosing between them.

Whether others may share responsibility

The person who published the image is the obvious defendant. Depending on the facts, others may be involved, including people who redistributed it or who participated in obtaining it.

Claims against platforms are considerably harder and are governed by a separate body of federal law, which is why the practical route usually runs through the individuals involved together with removal requests made under platform policies.

Privacy while you pursue it

People are often reluctant to bring a claim about an image because a court filing feels like more exposure. That concern is legitimate and it is manageable. Options may include proceeding under a pseudonym, protective orders over what is exchanged, and sealing sensitive exhibits. We set those out in filing a civil claim without your name becoming public.

Timing rules apply to claims of this kind, and they vary with the circumstances. If you are unsure whether too much time has passed, ask rather than assume.

Where to start

Bring what you have. Even if you have already deleted things, or already asked the platform to remove them, there is usually more to work with than people expect.

Our civil sexual assault claims page covers the wider set of options available to survivors.

Frequently asked questions

I sent the photo willingly. Does that end it?

Not necessarily. Consenting to share an image privately is different from consenting to it being published, and the statute is directed at publication without consent.

My face is not visible. Does the law still apply?

It may. Identifiability can arise from context, from accompanying information or from other identifying features, not only from a visible face.

Can a court actually order it taken down?

Injunctive relief may be available, which is one reason a civil claim can achieve something a criminal case does not. What is realistic depends on where the material sits and who controls it.

It was only sent to a group chat, not posted publicly. Does that count?

Possibly. Distribution within a group can still cause serious harm, and whether it falls within the statute depends on the facts, which are worth having reviewed.

Speak with us confidentially

If an image of you has been shared without your consent, the sooner someone looks at it the more options tend to remain. Start with a free confidential review, or call us at (212) 516-1868. We represent survivors on a contingency fee basis, which means there is no fee unless we recover for you.

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