Gender Split in Victim Harm & Penalties from Nonconsensual Image Sharing

Psychology, Public Policy, and Law| 2025, Vol. 31, No. 1, pp. 81- 89.

Nonconsensual Sexual Media Sharing: Perceptions on Legal and Psychological Outcomes

Danielle M. McGraw - Clinical Psychology Department, California School of Professional Psychology, Alliant International University

Elizabeth Straus - Clinical Psychology Department, California School of Professional Psychology, Alliant International University

Remi Greenbaum - Clinical Psychology Department, California School of Professional Psychology, Alliant International University

Lisa Stal - Department of Counseling and Psychological Services, San Diego State University

Constance J. Dalenberg - Clinical Psychology Department, California School of Professional Psychology, Alliant International University

Nonconsensual sexual media sharing (NSMS) refers to the creation and distribution of nude images without the subject’s consent. Although most states now have legislation regarding nonconsensual pornography, little is known regarding the general public’s expectations regarding damages associated with NSMS. Thus, this study examined perceptions regarding the impact of NSMS and the appropriateness of varying legal penalties. Cisgender male and female participants (N = 290) completed an online survey and were presented with one of four vignettes detailing a potential NSMS scenario. The manipulated variables were (a) whether the photos had been taken with or without the subject’s permission and (b) whether the subject/NSMS victim had or had not engaged in behavior that angered the perpetrator prior to the NSMS. The results indicated that the majority of participants believed that NSMS would result in psychological distress, but women expected the symptoms to be more severe. Women also favored longer jail sentences and higher fines when these images were initially taken without permission. Participants, regardless of gender, reported believing that nude images online would negatively affect hiring decisions. These results suggest that NSMS is considered to be damaging, but beliefs about legal penalties differ between genders. These findings add to the limited research on NSMS by highlighting public perceptions regarding the impact and appropriate legal of NSMS.

“...Meta-data on one’s habits and lifestyle have rendered the smartphone one of the most useful devices of our decade… The smartphone has also enhanced human ability to engage in socially risky acts, such as “sexting” or sending nude images via text… A problematic, and at times dangerous, outcome of the sexting phenomenon is the nonconsensual distribution of the initially private photos or videos. In situations now commonly known as “revenge porn,” the receiver of intimate media shares the photo on a public site, at times with detailed information about the subject, without the consent of the subject…. The authors also discuss that the term “revenge porn” does not capture the severity of the harm or the abusive motivation behind this behavior. Therefore, for the purpose of this study, these authors use the term nonconsensual sexual media sharing [(NSMS)] to highlight the interpersonal violation within this form of media sharing” (p. 81). 

“2% of Americans have had such an experience, and an additional 3% have received a credible threat that someone would post a sensitive image of themselves. Younger individuals are at an even greater risk of being threatened with NSMS, with one in 14 internet users under the age of 30 years endorsing being victimized by such threats… 46 states to date have developed NSMS statutes, although in some states, NSMS falls within tort law. Tort law requires individuals to prove they have experienced serious emotional repercussions following the release of their images…

• First, victims appear to fear that employers will discriminate against the victims of NSMS, using the existence of the images as justification for failure to hire or promote
• Second, anecdotal accounts and general surveys emphasize fear regarding one’s safety after the experience of NSMS… 
• Finally, several scholars have documented the frequency of other forms of distress after an NSMS experience, most commonly in the areas of anger, distrust of others, and social embarrassment/anxiety” (p. 82).

“The public’s view of the impact of NSMS and legal penalties is unknown. It is plausible that perceptions regarding victims may vary depending on whether they are viewed as blameworthy, perhaps because they initially gave permission for the images to be taken… Few studies have been conducted on the perceptions of NSMS victimization experiences…The present study aimed to account for the aforementioned gaps in the literature by investigating public perceptions regarding the psychosocial impact of NSMS and support for legal responses” (p. 82- 83).

“Men and women participants reported equal likelihood of taking nude pictures of a romantic or sexual partner, receiving nude pictures of a romantic or sexual partner, or having had a nude photo posted online without permission of the respondent…

Female participants reported a higher likelihood of symptoms for distrust of others, enhanced sense of danger, and social embarrassment than did male participants, but were equally likely to predict problems with anger. Women participants preferred longer jail terms than men… Controlling for gender, Democrats were marginally more likely to support the law than were Republicans… Republicans were also marginally more likely to state that the discovery of an NSMS image would influence their hiring than were Democrats” (p. 85- 87).

• “First, participants were more likely to believe that NSMS victim status would influence hiring decisions for jobs that require greater high responsibility contact with the public, such as teacher or attorney, as compared to jobs requiring less contact, such as grocery clerk or bank teller…
• Second, as has been the theme throughout this research, women believed more strongly in the likelihood of an effect on employment” (p. 88).

“General findings… show widespread support for legal remedies to NSMS and suggest that civil claims alleging long-lasting distress and job impact would be credible… At a time of enhanced world sensitivity to harassment and sexual coercion in the wake of the #MeToo movement, this study also points to remaining differences in gendered understandings of the impact of these nonconsensual media sharing experiences” (p. 88).

“Over two-thirds of women surveyed and about half of male respondents considered the likelihood of symptoms after NSMS to be very high… As expected, gender differences emerged with regard to perceptions of the impact of NSMS, with women perceiving such experiences to be more psychologically harmful, of longer duration, and requiring more severe legal penalties. Similarly, women supported higher fines and longer jail terms for perpetrators and were especially harsh with perpetrators who had taken the original photograph without permission. Our findings align with previous jury studies examining gender differences within sexual assault cases, which have frequently found that women are less likely to blame victims, express more empathy for victims, and are more likely to vote for conviction of an alleged perpetrator in such cases” (p. 87).

“...It is unclear whether attitudes of the public would differ based on the type of posting involved… it is quite likely that the sending of images to a victim’s family members and friends (as opposed to posting on a general “revenge porn” website), the nature of the acts displayed in the image, the degree of nudity, and the appeal of the protagonist (i.e., whether the image is ridiculed by the poster) are associated with differing symptomatology and proposed sentences. 

Although beyond the scope of this article, the recent advancements in artificial intelligence, allowing distortion of the image, may impact distribution and impact….

Future studies should incorporate male victims and same-sex relationships in presented vignettes to evaluate whether demographic differences influence perceptions regarding NSMS, as previous studies have noted differences based on victim’s identified gender [and] should employ diverse formats, such as utilizing video portrayals of victims describing the impact of NSMS in a simulated courtroom setting” (p. 88).

“Participants were 286 adults, with 40.6% identifying as female… The sample was comprised of White (54.55%), Latinx (20.97%), and African American (24.12%) participants… To assess for trauma exposure, participants completed the Trauma History Screen THS… Narratives describing the incidents of NSMS or incidents in which they posted something that they later regretted were evaluated for their relevance to the question and narrative coherence… 

After reading the vignette, participants were asked several questions pertaining to the narrative… Second, they were asked to rate the likelihood of various reactions of a victim in response to the posting… Third, they were asked the victim’s likely degree of distress… Fourth, they were asked about their level of comfort with each of four potential fines… and with each of four jail time options for the individual who posted the image… Finally, they were asked to place themselves in the position of an employer who, during a hiring process, was alerted to nude images of a potential employee on a nonconsensual pornography site. The participants were asked the likelihood that the pictures would affect their propensity to hire the victim in any of six positions with varying levels of contact with the public” (p. 83- 84).

“Many state laws do not explicitly protect victims, with one study finding that only 19% of statutes were empowering for victims. Some states (such as Washington, DC, Idaho, Maryland, and Nevada) explicitly require that victims prove they had reasonable expectations that the photos taken consensually would not be redistributed or an agreement that the photo would remain private. Such requirements may place an unreasonable burden on the victims. Others require that the victim proves harm or distress, an element that could be bolstered by evidence such as that presented here, and must continue to be evaluated in future studies” (p. 88).

As always, please join the discussion below if you have thoughts or comments to add!

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