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We're talking about revenge porn here. Who uploaded a file is not he-said/she-said, there are going to be logs. And with regards to the question of whether th

We're talking about revenge porn here. Who uploaded a file is not he-said/she-said, there are going to be logs. And with regards to the question of whether there was consent, "I don't have it in writing but she said it was OK to upload our sex videos to pornhub" should be treated with extreme skepticism.

panda-giddiness 5y ago
Piggybacking on this point, in a civil lawsuit you only need prove that a "preponderance of the evidence" (51% or more) supports your position. (The burden is greater for criminal cases, of course).
- sgjohnson 5y ago
  “greater” is an understatement. It’s “beyond all reasonable doubt”.
- quantified 5y ago
  Meanwhile, if the video is of consensual sex, the main problem is really that society looks down on people having sex. If it had all the reputational impact of a cooking video, she’d be less likely to care (though she certainly can care about anything she wants).
Dudeman112 5y ago
>And with regards to the question of whether there was consent, "I don't have it in writing but she said it was OK to upload our sex videos to pornhub" should be treated with extreme skepticism I don't think you're gonna find many cases for non-professionals where they had consent and it was given in writing. I don't actually know, it's just a guess given observed human behaviour.
- rectang 5y ago
  If that's the scenario, why doesn't the burden of proof fall on the person doing the upload of mortifying materials? Shouldn't the uploader protect themselves by getting permission in writing, similar to how victims are constantly badgered to take every action to protect themselves?
  - Dudeman112 5y ago
    >why doesn't the burden of proof fall on the person doing the upload of mortifying materials? Because the people of your country didn't make your politicians codify that into your law. >Shouldn't the uploader protect themselves by getting permission in writing, similar to how victims are constantly badgered to take every action to protect themselves? I dunno, do you get written permission before having sex so you'll be sure you won't get falsely accused of rape afterwards? People will only follow what is culturally ingrained or enforced on them, and getting permission in writing isn't a thing right now.

panda-giddiness 5y ago

Piggybacking on this point, in a civil lawsuit you only need prove that a "preponderance of the evidence" (51% or more) supports your position. (The burden is greater for criminal cases, of course).

sgjohnson 5y ago
“greater” is an understatement. It’s “beyond all reasonable doubt”.
quantified 5y ago
Meanwhile, if the video is of consensual sex, the main problem is really that society looks down on people having sex. If it had all the reputational impact of a cooking video, she’d be less likely to care (though she certainly can care about anything she wants).

Dudeman112 5y ago

>And with regards to the question of whether there was consent, "I don't have it in writing but she said it was OK to upload our sex videos to pornhub" should be treated with extreme skepticism I don't think you're gonna find many cases for non-professionals where they had consent and it was given in writing. I don't actually know, it's just a guess given observed human behaviour.

rectang 5y ago
If that's the scenario, why doesn't the burden of proof fall on the person doing the upload of mortifying materials? Shouldn't the uploader protect themselves by getting permission in writing, similar to how victims are constantly badgered to take every action to protect themselves?
- Dudeman112 5y ago
  >why doesn't the burden of proof fall on the person doing the upload of mortifying materials? Because the people of your country didn't make your politicians codify that into your law. >Shouldn't the uploader protect themselves by getting permission in writing, similar to how victims are constantly badgered to take every action to protect themselves? I dunno, do you get written permission before having sex so you'll be sure you won't get falsely accused of rape afterwards? People will only follow what is culturally ingrained or enforced on them, and getting permission in writing isn't a thing right now.