What to do after experiencing cyber sexual assault can be confusing and tedious. It is difficult to know what rights you have and what actions can/should be taken. Participants in our research have expressed that finding the next steps in getting justice for cyber sexual assault has been stressful and difficult. The information provided below is to aide with understanding your rights and available resources, with recommendations from the NYC Cyber Abuse Taskforce:
Are you ready to take action for your CSA experience? Or you want your photo(s) or image(s) taken down? Here is how to delete non-consensual content and precautions to take in case of any issues that may arise while trying to take your photo down and/or wanting to take legal actions:
DOCUMENTING! Documenting and collecting evidence such as screen shots or saved communication is essential in preparing to take any legal actions for your CSA. It is also helpful to keep in case of any re-occurrence or issues related to the posting of your content.
Tips on collecting/documenting evidence of CSA
Tips on collecting evidence:
- Ensure that any screenshotted photos or videos are saved in a secure and safe location so that they will not be further stolen and/or disseminated by an abuser.
- When screenshotting a text, call, e-mail or other communication from a contact, ensure that the original phone number or e-mail address is visible in the screenshot, other than merely the contact name. This ensures proper admission into evidence at later proceedings – if the original phone number or e-mail address is not visible, it is much more difficult to authenticate the evidence.
- Screenshots should capture the date, time, and URL of the website.
- If a communication doesn’t fully fit in one screenshot, make sure you overlap them and take multiple screenshots. Additionally, screenshots that are edited in any way will very likely not be deemed admissible in court as they have been manipulated.
- You can also screen record on an android or apple phone to document any evidence that can not be fully completed by screenshots, pictures, or files.
- For evidence that may be used in support of a complaint, save a digital copy to a computer file and save a printout to a binder. Take the binder with you when you go to your local police precinct, domestic violence clinic, or family court self-help center to file papers. Your printouts can then be attached to a police report or an application for a restraining order. The more organized a victim is, the greater the likelihood that law enforcement, restraining order clinics, online platforms, and prospective legal counsel will be able to help them.
- Be aware of specific social media platforms and the ramifications for screenshotting these platforms. If you take screenshot on Snapchat or Instagram, it alerts the person who sent it. Applications such as Save my Snap will automatically save snaps without notifying the sender, but this is a violation of Snapchat’s terms. Relatedly, if you block someone on Instagram, you will no longer have access to your history of direct messages with them.
- Evidence might be needed from intermediaries, like websites and e-mail service providers to unmask an anonymous defendant. You may need to ask those online service providers to save the evidence for later use.
DO NOT pretend to be someone else on an account to obtain evidence from a suspect. This can lead to issues with legal actions toward suspect.
Copyright laws can help you take down your image/video
How to Remove a Image/Video on Online Platforms:
Media Platforms:
Dating Platforms:
Learn what non-consensual pornography laws are in your state:
Non-Consensual Pornography Laws by States in the USA
What if you are under the age of 18 and are experiencing CSA?
Child pornography is illegal. Some platforms have explicit guidelines of exploitation of minors, you can read about it by clicking any of the online platform links. Click here to report child pornography.
Is fear of police brutality, immigrant, socio-economic status, race, or experience with police making you nervous to report?
Being nervous to report is a common feeling when wanting to have justice for your CSA experience. Here is some tips that can be helpful in reducing nervousness of reporting:
- Bring a friend with you if you decide to report your CSA experience to be able to feel secure having someone going with you incase there is lack of hospitality or negative feelings that may arise when reporting.
- It also creates a witness incase of any issues that arises
- If you are an immigrant, you do not have to be reported to immigration for trying to make a report to the police.
- The police officers are NOT the ones who will be handling your case, so you do not need to show them any evidence of your CSA.
