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| Oregon issues first sentence over revenge porn, a year after ban | |
| (35 minutes later) | |
| Oregon has handed down its first sentence for publishing revenge porn, more than a year after lawmakers forbade posting explicit images or video online without consent of the people involved. | Oregon has handed down its first sentence for publishing revenge porn, more than a year after lawmakers forbade posting explicit images or video online without consent of the people involved. |
| Benjamin Barber, 31, was sentenced to six months in jail and five years of probation, said detective Robert Rookhuyzen, a spokesman for the Washington County sheriff’s department. | Benjamin Barber, 31, was sentenced to six months in jail and five years of probation, said detective Robert Rookhuyzen, a spokesman for the Washington County sheriff’s department. |
| In June, Barber posted pornographic videos of himself with a former partner, without that person’s consent, to “multiple adult web sites”, Rookhuyzen said in a statement. | In June, Barber posted pornographic videos of himself with a former partner, without that person’s consent, to “multiple adult web sites”, Rookhuyzen said in a statement. |
| “The complainant reported that the videos were made with consent while the person was in an intimate relationship with Mr Barber,” Rookhuyzen said. | “The complainant reported that the videos were made with consent while the person was in an intimate relationship with Mr Barber,” Rookhuyzen said. |
| “However, after they terminated their relationship, Mr Barber uploaded several of these videos to multiple adult websites without the complainant’s knowledge or consent.” | “However, after they terminated their relationship, Mr Barber uploaded several of these videos to multiple adult websites without the complainant’s knowledge or consent.” |
| Sheriff’s deputies arrested Barber in July. After a two-day trial in November, a jury convicted Barber on five counts of unlawful dissemination of an intimate image. | Sheriff’s deputies arrested Barber in July. After a two-day trial in November, a jury convicted Barber on five counts of unlawful dissemination of an intimate image. |
| Rookhuyzen said Barber’s former partner did not want to speak to the press. Barber defended his actions to local KOIN 6 news, saying the videos were copyrighted and legal pornography. | Rookhuyzen said Barber’s former partner did not want to speak to the press. Barber defended his actions to local KOIN 6 news, saying the videos were copyrighted and legal pornography. |
| “There was a lot of evidence that was not included in the testimony, specifically like the fact that we were both advertising to produce porn commercially,” he said. | “There was a lot of evidence that was not included in the testimony, specifically like the fact that we were both advertising to produce porn commercially,” he said. |
| “If I go saying that I want to make porn, get paid for making porn and then complain that the porn I asked people to pay me for is then public, do I have a right to be embarrassed? | “If I go saying that I want to make porn, get paid for making porn and then complain that the porn I asked people to pay me for is then public, do I have a right to be embarrassed? |
| “I think it’s literally unconstitutional.” | “I think it’s literally unconstitutional.” |
| A sergeant with the Washington County sheriff’s department, Bob Ray, told the local station that even if a video was made with consent, publication without permission could break the law. | A sergeant with the Washington County sheriff’s department, Bob Ray, told the local station that even if a video was made with consent, publication without permission could break the law. |
| “If you use the internet with the intent to harass or embarrass or basically demand someone, and there is sexually explicit material, and you can identify the other person who has not given their consent, that’s essentially the threshold,” Ray said. “Even if the video was taken consensually.” | “If you use the internet with the intent to harass or embarrass or basically demand someone, and there is sexually explicit material, and you can identify the other person who has not given their consent, that’s essentially the threshold,” Ray said. “Even if the video was taken consensually.” |
| Thirty-four states and Washington DC have passed laws to punish the publication of revenge porn, according to the Cyber Civil Rights Initiative, a not-for-profit group that provides legal counsel. | Thirty-four states and Washington DC have passed laws to punish the publication of revenge porn, according to the Cyber Civil Rights Initiative, a not-for-profit group that provides legal counsel. |
| The group is a project of the K&L Gates law firm, which has taken up cases of people trying to combat online abuse perpetrated by former partners. | The group is a project of the K&L Gates law firm, which has taken up cases of people trying to combat online abuse perpetrated by former partners. |
| A cottage industry of revenge porn sites has emerged, with some extorting from victims and others charging $100 a year to show explicit photos of people who do not work in pornography. | A cottage industry of revenge porn sites has emerged, with some extorting from victims and others charging $100 a year to show explicit photos of people who do not work in pornography. |
| Law enforcement has struggled to keep up and prosecutions are rare, leaving some victims to pursue major civil lawsuits. In Dallas in 2015, for instance, a woman was awarded $7.25m after her ex-husband posted thousands of photos and images online. | Law enforcement has struggled to keep up and prosecutions are rare, leaving some victims to pursue major civil lawsuits. In Dallas in 2015, for instance, a woman was awarded $7.25m after her ex-husband posted thousands of photos and images online. |
| Another woman is pursuing a case against a former boyfriend who similarly posted explicit material online. | Another woman is pursuing a case against a former boyfriend who similarly posted explicit material online. |