A bipartisan coalition of lawmakers in Virginia and other states want to strengthen privacy laws regarding the nonconsensual distribution of intimate images.
Forty-nine states including Virginia already have some law on the books to protect peoples’ sexual or intimate images from being shared without their consent, but model policy from former democratic House of Delegates candidate Susanna Gibson provides a blueprint for lawmakers to use.
The issue took center stage in Gibson’s campaign last year, when news media was alerted to sex videos she and her husband had streamed online. Though the married couple had consented to the content that they streamed together being published on a particular pornography website, they did not consent to the content being recorded or widely disseminated beyond their audience of followers on that website.
Screenshots of Gibson’s nude body then circulated on social media along with derogatory language by online users. The Republican Party of Virginia later sent out campaign mailers with cropped, explicit photos of Gibson. At one point a false emergency call had been placed to send law enforcement to her home — an act colloquially referred to as “swatting.” Gibson also said that people loitered outside of her home and she received death threats.
Amid the fallout, Gibson also said prospective young women political candidates in other states had reached out to her. Learning her story had them concerned that ex-partners could someday share nude images of them, and made them afraid to run for office.
“I quickly realized that my path had shifted from candidacy to advocacy,” Gibson said in a press call Wednesday to announce model policy from her organization, MyOwn Image.
Earlier this year Gibson worked with Del. Irene Shin, D-Fairfax to expand the statute of limitations for prosecutions of unlawful dissemination of images in Virginia. The new model policy, which Gibson and MyOwn board members say six states are planning to implement, would create various tiers of misdemeanor and felony penalties for unlawful dissemination and remove language that requires proof of intent.
Democratic Florida lawmaker Katherine Waldron said the measure is important because without the consent of the person whose image is being shared, the intent to cause them harm, or lack thereof, doesn’t erase the harm that happens.
She and several other lawmakers that joined the press call relayed how victims’ mental health, personal relationships, employment or ability to find employment can be negatively impaired.
“We know that women still have a long way to go with representation in our halls of power. So when these images are shared or used as a threat, it really can impact elections. It can impact someone’s desire to step up and run for office.” — New Jersey assemblywoman Jessica Ramirez
While several speakers acknowledged that anyone can become a victim of their image being shared without their consent, they noted how it often happens to women, minors or victims of sex trafficking.
New Jersey assemblywoman Jessica Ramirez also noted how the crime could deter women from office, echoing Gibson’s concern, or be used as an intimidation tactic.
“We know that women still have a long way to go with representation in our halls of power,” she said. “So when these images are shared or used as a threat, it really can impact elections. It can impact someone’s desire to step up and run for office. We have to take action now to ensure that anyone can engage in public service without fear of intimidation.”
Virginia delegates Carrie Coyner, R-Chesterfield and Karrie Delaney, D-Fairfax, plan to build on Virginia’s law using the model policy, they said. Coyner, who was inspired to carry the legislation as the mother of teen daughters, expressed concerns about artificial intelligence as well.
“The rapid rise of (artificial intelligence) image generation software has heightened the threat posed by non-consensual disclosure of intimate images,” Coyner said. “I know fellow parents are familiar with the harms and risks of social media and cyberbullying, but the increased risk posed by digitally forged intimate images make these issues much more severe.”
Meanwhile, South Carolina is the only state without existing protections against nonconsensual distribution of intimate images.
Former Miss South Carolina Jill Dudley joined the call along with the state’s deputy attorney general and Republican state representative Chris Wooten. All will press for the creation of a law based on the model policy.
Dudley, who advocates for protections and support for survivors of rape and sexual assault, stressed that distributing someone’s intimate image, whether real or artificial, fits within the scope of rape culture.
“Rape culture thrives when we blame or shame victims, when we dismiss their trauma, or when we fail to address sexual violence in all of its forms.”
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