The reality TV personality Rob Kardashian’s social media rants may cost him his freedom. His attacks on his ex Blac Chyna may be considered a crime in California.
The brother in the famous Kardashian-Jenner clan, spent all day Wednesday attacking his ex-fiancée on social media. The man used repulsive forms of cyber abuse, including posting graphic images of Blac’s breasts, backside and genitals on Twitter and Instagram. He went on to accuse her of sleeping with other men “in the same bed Chyna and I made our baby in.”
Walter Mosley, Chyna’s lawyer informed the press, “I am exploring all legal remedies and protections available to my client at this time in attempts to best advise her on how she may want to proceed.”
Revenge Porn is the crime that he may be charged for, that’s posting or sharing intimate pictures of an estranged lover or spouse by a disgruntled partner, without the other party’s consent and posting the images with the intent to inflict pain and emotional harm.
California is one of 38 states that have just recently passed laws against Revenge porn, which is now considered a crime of the Internet Age. The law took effect in September 2014.
The crime is classified as a misdemeanor and the suspect is punished with six months in prison and a $1,000 fine. The accuser is also allowed to sue for further monetary compensation.
Lisa Bloom, the women’s rights lawyer who represented Mischa Barton in her recent successful civil suit against an ex to prevent revenge-porn images of her from being released, said “Attempting to slut-shame the mother of his child is truly sick behavior, as the law recognizes,” She continued, “I encourage Ms. Chyna to stand up for her rights as a woman to control which images of her own body will be made public.”
Mitch Jackson, a California trial attorney says that prosecuting a revenge porn case is very challenging. Jackson is also an expert on social media and cyber bulling, he adds, the challenge comes from having to piece together the various elements to prove the accusation.
The elements that need to be considered and proven, did the defendant and the victim agree that the intimate pictures would be kept confidential? Is the victim clearly identifiable in the images? Was there intent? Did it cause emotional distress? Did the victim suffer?
“It appears straightforward, but in reality, it can be difficult to prove all four elements,” Jackson says. “There is something wrong with anybody sharing pictures without permission, true, but with this misdemeanor you have to show intent.”
“When it comes to social media, the law (in general) is 10 years behind the times,” Jackson says. “These kinds of cases help raise awareness that the consequences of this law are not severe enough. We’re finding that old laws need to be tweaked and new laws need to be enacted to serve as a deterrent so that other people don’t do the same thing.”
The rest of the Kardashians are keeping their opinions to themselves and have been acting “business as usual.”