Discovering that intimate images or videos have been disseminated without one's consent represents a profound trauma, an unacceptable violation of one's privacy and dignity. In these moments of bewilderment and anguish, it is crucial to know that Italian law offers concrete tools to intervene quickly. As a criminal lawyer in Milan, lawyer Marco Bianucci understands the sensitivity of these situations and supports victims with promptness and utmost confidentiality, aiming for the immediate protection of the person involved.
The Crime of Revenge Porn: What the Law Provides
Our legal system severely punishes the unlawful dissemination of sexually explicit images or videos, a practice commonly known as revenge porn. Article 612-ter of the Criminal Code penalizes not only those who first send, deliver, transfer, publish, or disseminate such content without the consent of the persons depicted, but also those who, having received it, contribute to its further dissemination to harm the victim. This is a serious crime that infringes upon fundamental individual rights.
Legal protection in these cases proceeds on two parallel and equally important tracks: on one hand, criminal proceedings to punish the perpetrator, and on the other, urgent procedures to halt the circulation of the material and civil action to obtain damages. The damage suffered by the victim, in fact, is typically non-pecuniary, including moral, biological, and relational damages, caused by severe psychological suffering and the disruption of one's life habits.
The Approach of the Bianucci Law Firm
Addressing a case of unlawful dissemination of intimate material requires not only technical expertise but also strong human sensitivity. The approach of lawyer Marco Bianucci, a criminal lawyer with extensive experience in Milan, is based on immediate action and the total protection of the victim. The first step is always aimed at attempting to curb the dissemination of content through urgent requests to web platforms, social networks, and the Data Protection Authority, to obtain the rapid removal or de-indexing of the material.
Subsequently, the Bianucci Law Firm assists the client in the delicate phase of drafting and filing the complaint, ensuring that every piece of evidence is properly crystallized and documented, utilizing, where necessary, forensic IT consultants. The legal strategy is tailor-made, carefully assessing the psychological and social repercussions suffered by the client, with the aim of prosecuting the perpetrator in criminal court and initiating a solid claim for damages proportionate to the severity of the harm suffered.
Frequently Asked Questions
What should I do as soon as I discover that my intimate photos have been disseminated?
The first rule is not to delete anything. It is essential to preserve evidence: messages, links, screenshots of web pages or chats where the material was shared. Avoid contacting the perpetrator to avoid alarming them and immediately contact a legal professional to crystallize the digital evidence so that it has value in court and to initiate urgent removal procedures.
How much time do I have to file a complaint for revenge porn?
The law provides an extended period to protect victims of this specific crime. Unlike ordinary complaints, for the crime of unlawful dissemination of sexually explicit images or videos, the time limit for filing a complaint is six months, which runs from the day the victim became aware of the fact. Furthermore, the withdrawal of the complaint can only occur during the trial proceedings before the judge.
Is it possible to obtain the removal of videos from websites?
Yes, it is possible and should be the absolute priority. There are urgent procedures that allow for reporting content to platform operators or search engines to request its immediate removal or de-indexing. In cases where the operators do not comply promptly, it is possible to appeal to the Data Protection Authority or the Judicial Authority to obtain urgent injunctions.
How are damages calculated in these cases?
The quantification of damages depends on multiple factors, including the extent of the material's dissemination, the duration of its online presence, the impact on the victim's private, professional, and social life, and the extent of the psychological suffering endured. Each situation is assessed individually to determine fair compensation for the moral, biological, and reputational damages suffered.
Protect Your Dignity: Seek Legal Assistance
If you are a victim of non-consensual dissemination of intimate material, do not face this situation alone. Time is a determining factor in limiting damages and protecting your reputation. Contact lawyer Marco Bianucci, a criminal lawyer in Milan, for a strictly confidential consultation. Together, we will evaluate the fastest and most effective strategy to obtain the removal of the content, report the perpetrators, and initiate proceedings for fair compensation for the damages suffered.