Restraining Orders as “Revenge Porn”

Posted on November 29, 2014

0


In the second season of HBO’s The Newsroom, a lead character is exposed on a website called Revenge Porn by a man with whom she’d had a brief fling.

After sitting huddled in a corner and pronouncing, “I want to die,” she rallies and confronts her former lover while he’s conducting a business meeting. Without much prelude, she kicks him in the testicles and bloodies his nose.

It makes for engaging TV.

If only an ex-intimate’s exploitation of the legal equivalent of Revenge Porn could be so briskly requited and resolved.

What I’m referring to, of course, is treacherously defamatory representations to the court on a civil restraining order, representations intended to publicly humiliate and satisfy a scorned lover’s urge to wound. The restraining order is an invitation for the system to poke its nose into the crevices, one it’s glad to accept.

The TV show character wasn’t able to sue the man who betrayed her, because she posed for the pictures. She even bought the camera for him.

Had the man surreptitiously shot the photos and aired them without her consent, she could have taken him to the cleaners. The courts do more than frown upon that kind of thing, especially when the photos are nudies.

Non-photographic representations that use the justice system as their porn site, though, are embraced as compelling causes of action.

Stalking, indecent exposure, assault, child molestation, bestiality, rape—no pubic allegation, however scandalous, is off the table, and there are no consequences for falsely portraying someone as a lewd and lascivious beast. It’s not defamation; it’s testimony. This distinction sublimates obscene slanders and libels into protected speech, and denies defendants any recourse for realizing compensation for the damage they inflict, psychological, physical, financial, and material.

The court hosts the site, and judges, the site’s administrators, are only answerable to the law, which licenses the site.

This revenge porn is legal—and has the feminist stamp of approval.

Copyright © 2014 RestrainingOrderAbuse.com

Advertisements