Defense Against Unlawful Diffusion of Intimate Images and Videos
Discovering the non-consensual distribution of one's own sexually explicit images or videos represents one of the most traumatic violations of privacy. In a digital context where virality is immediate, the feeling of powerlessness can be overwhelming. As an expert lawyer in criminal law in Milan, Avv. Marco Bianucci deeply understands the sensitivity and urgency of these situations, offering legal support that combines necessary legal firmness with keen human sensitivity. The primary objective in these cases is not only the punishment of the perpetrator but also the immediate containment of damage through the removal of content and the protection of the victim's reputation.
The Crime of Revenge Porn: What Italian Law Provides
So-called Revenge Porn has been specifically criminalized in our legal system with the introduction of Article 612-ter of the Criminal Code, within the framework of the legislation known as the "Codice Rosso" (Red Code). The law severely punishes anyone who sends, delivers, transfers, publishes, or disseminates images or videos of a sexually explicit nature, intended to remain private, without the consent of the persons depicted. It is crucial to emphasize that the crime is constituted not only for those who created the content (often an ex-partner) but also for those who, having received it, contribute to its further dissemination.
The legislation provides for significant custodial sentences and heavy fines, recognizing the gravity of the violation of the victim's dignity. Beyond the criminal aspect, the unlawful conduct generates the right to compensation for damages, both material and non-material. However, the complexity of the web requires actions that go beyond a simple report: it is often necessary to activate urgent procedures to block the websites or social media profiles involved and request the de-indexing of content from search engines, also availing oneself of the protections offered by the Data Protection Authority.
The Approach of the Bianucci Law Firm in Milan
Addressing a revenge porn case requires a multi-faceted strategy. The approach of Avv. Marco Bianucci, a lawyer with consolidated experience in managing cybercrimes and crimes against persons in Milan, is distinguished by the promptness of intervention. The absolute priority is given to limiting the spread of the material. The Firm immediately acts to send cease and desist letters to hosting platforms and, where necessary, collaborates with IT technical consultants to trace the dissemination and crystallize the evidence needed for legal proceedings.
From a procedural standpoint, Avv. Marco Bianucci assists the client in drafting detailed complaints, which are essential for enabling the Judicial Authority to issue urgent precautionary measures, such as the preventive seizure of web pages or the electronic devices of the suspect. Concurrently, the establishment of the victim as a civil party is handled to ensure that the victim obtains fair compensation for the suffering endured. Every step is agreed upon with the client, maintaining maximum confidentiality and offering a secure point of reference in a moment of extreme vulnerability.
Frequently Asked Questions
How can I get my photos removed from the internet immediately?
Content removal is the priority. Action can be taken on two fronts: sending an immediate report to the platform (social network or website) and submitting an urgent complaint to the Data Protection Authority, which has specific powers to order the removal of sexually explicit content disseminated without consent. Simultaneously, it is essential to file a criminal complaint so that the Judicial Authority can order the preventive seizure and blocking of the pages. Legal assistance allows these procedures to be activated as quickly and effectively as possible.
What do I risk if I report my ex for revenge porn?
The victim who files a report for facts that actually occurred risks nothing. On the contrary, the law (Codice Rosso) provides for preferential channels for handling these crimes, ensuring greater speed in investigations. It is important to provide all available evidence (screenshots, messages, links) without further disseminating the material. Avv. Marco Bianucci also assists victims in protecting their identity during proceedings, where permitted by law.
Is it possible to obtain compensation for damages for the dissemination of intimate images?
Yes, the victim is entitled to compensation for all damages suffered. This includes moral damages (inner suffering), biological damages (any ascertainable psychophysical consequences, such as states of anxiety or depression), and damages to image and reputation. The claim for compensation is usually made by establishing oneself as a civil party in the criminal proceedings against the perpetrator of the crime.
How much time do I have to report the incident?
For the crime of unlawful dissemination of sexually explicit images or videos (Art. 612-ter of the Criminal Code), the time limit for filing a complaint is 6 months from the date the victim became aware of the act. Given the viral nature of the web, it is nevertheless advisable to act immediately upon becoming aware of the dissemination, to limit damages and allow the authorities to acquire digital evidence before it is deleted.
Request a Confidential Consultation in Milan
If you are a victim of revenge porn or are involved in proceedings for crimes related to the dissemination of images, time is a crucial factor. Do not face this situation alone. Contact the Bianucci Law Firm to schedule a confidential meeting at the Milan office located at Via Alberto da Giussano, 26. Avv. Marco Bianucci will evaluate your case with the utmost discretion, outlining the most effective strategy to protect your privacy, your reputation, and your rights.