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I have a domestic violence case against my abusive ex. Recently, after my 18th birthday, I learned he's been showing people nude photos and sexual images of us from when I was 17. Initially, I didn't believe it, but now another witness has confirmed it. If I bring this up in court, would it be considered a child pornography offense since I was underage when the photos were taken?

Answer written by a PhD Prepared Mental Health Nurse

Wow. This sounds like a terrible situation. Thank you so much for reaching out to us. While I cannot provide direct legal advice, I can offer some general considerations about your situation that I hope helps guide your decision.

The distribution of sexual images of a minor (under 18) is typically considered a serious offense under child pornography laws. Since the images were taken when you were 17, they would likely fall into this category. This could potentially lead to additional charges against your ex-partner, separate from the existing domestic violence case. Such offenses are usually prosecuted very seriously and can carry severe penalties.

It's important to note that laws regarding domestic violence, child pornography, and distribution of intimate images can vary significantly by state. While all states have laws against these offenses, the specific details, definitions, and penalties can differ. For instance, some states may have more stringent penalties for child pornography offenses, while others might have broader definitions of what constitutes domestic violence. Laws around what is commonly referred to as "revenge porn" are relatively new and still evolving in many states, with some having specific provisions about the retention or distribution of intimate images after a relationship ends.

Bringing this information to court could potentially strengthen your case and provide additional legal protections for you. However, it's crucial to approach this matter carefully and strategically. Consult with your lawyer immediately to discuss how best to introduce this evidence and understand its potential impact on your case. They can guide you based on the specific laws in your state and how they might interact with federal laws.

Consider speaking with the witness who confirmed this information, as their testimony could be valuable evidence. Be prepared for the emotional impact of discussing this in court - your lawyer or a victim advocate may be able to help you prepare and provide support throughout the process.

Regardless of the specific laws in your state, what you're experiencing is a serious violation of your privacy and autonomy. Your feelings are valid, and you deserve support as you navigate this challenging situation. Thank you so much for reaching out to us. You are not alone.

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