By Isabel Tehan
Boston University Statehouse Program
BOSTON — Months after Gov. Charlie Baker used his State of the Commonwealth address to declare criminalizing revenge porn was one of his top priorities, little progress has been made in the Legislature to move on getting the bill passed.
Massachusetts and South Carolina are the only states without a law banning nonconsensual pornography. Most states have acted in the last decade as the issue became increasingly widespread through an ever-growing array of social media channels.
Nonconsensual pornography, or revenge porn is the unauthorized distribution of sexually explicit or nude photos and videos. Though the original images may have been taken with both parties’ consent, the later distribution, meant to embarrass, harass, or humiliate is not consensual.
“We have laws punishing the non-consensual recording of sexually explicit images of unsuspecting people,” said Baker in a letter accompanying an earlier version of the bill. “Our laws do not address, however, when a person takes a sexually explicit image or recording that was lawfully obtained and then distributes it with the intent to harm the person depicted and without that person’s consent.”
A form of cyber sexual harassment
Revenge porn is a form of cyber sexual harassment. Often in the news as it relates to celebrities whose private sexual content is leaked, revenge porn is weaponized against everyday people across the country and the commonwealth.
A bill, filed now for a third time by the Baker administration in December, would make this a felony offense. Baker has repeatedly stated he hopes this will be tackled by lawmakers before the end of formal sessions on July 31. An exact timeline for action has not been established by House Speaker Ronald Mariano, D-Quincy.
South Shore Resource and Advocacy Center’s roundtable discussions
Victims of this would-be crime have participated in multiple roundtable discussions since the end of last year, hosted by the South Shore Resource and Advocacy Center in Plymouth, and attended by Baker and Lt. Gov. Karyn Polito. A December discussion, which was live-streamed, led to an emotional response from Baker, who is also proposing legislation that calls for further protections for victims of domestic violence.
The group held a second discussion in early March, with additional testimonials from victims of nonconsensual pornography and domestic violence.
Baker has said one of the greatest failings of his eight years in office would be not getting this law passed.
Local legislators are hesitant to comment on the bill before it appears for debate on the floor, but Baker’s comments were met with a standing ovation during the State of the Commonwealth address in January. In February, The Massachusetts Office for Victim Assistance endorsed the newest iteration of the proposal, offering support for its progression into law.
“Forty-eight other states treat this as a crime, because it is a crime,” said Baker earlier this year, reaffirming his commitment to make Massachusetts the 49th.
This article originally appeared in SouthCoast Today.
